Q&As

Can an application under section 73A of the Town and Country Planning Act 1990 (TCPA 1990) to remove a condition from a planning permission for a change of use, include a new plan which excludes land which is now outside the site of the original planning permission and being used in accordance with a different planning permission? Can the case law amending planning permission under TCPA 1990, s 73 also be applied to TCPA 1990, s 73A?

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Published on LexisPSL on 19/11/2019

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • Can an application under section 73A of the Town and Country Planning Act 1990 (TCPA 1990) to remove a condition from a planning permission for a change of use, include a new plan which excludes land which is now outside the site of the original planning permission and being used in accordance with a different planning permission? Can the case law amending planning permission under TCPA 1990, s 73 also be applied to TCPA 1990, s 73A?

See Practice Note: Amending a planning permission, retrospective planning permission and revocation of planning permission at section: ‘Interaction between TCPA 1990, s 73 and TCPA 1990, s 73A’.

In particular, note the Court of Appeal decision in Lawson Builders v SoS which contains useful guidance on the interaction between section 73 of the Town and Country Planning Act 1990 (TCPA 1990) and TCPA 1990, s 73A, in comparing the considerations which a local planning authority can take into account in determining an application. Pitchford LJ stated the following:

‘I accept that an application for retrospective planning permission under s 73A may, and often will, require engagement with wider planning considerations than those raised by a reconsideration of conditions imposed upon an existing permissi

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