Q&As

Is it possible to amend the red line boundary of a planning permission through an application made under section 73 of the Town and Country Planning Act 1990, in circumstances where the change is minor, and where the size/boundary of the site is not stated in the description of the development?

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Published on LexisPSL on 12/10/2020

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

  • Is it possible to amend the red line boundary of a planning permission through an application made under section 73 of the Town and Country Planning Act 1990, in circumstances where the change is minor, and where the size/boundary of the site is not stated in the description of the development?

Is it possible to amend the red line boundary of a planning permission through an application made under section 73 of the Town and Country Planning Act 1990, in circumstances where the change is minor, and where the size/boundary of the site is not stated in the description of the development?

Section 73 of the Town and Country Planning Act 1990 (TCPA 1990) (as amended) allows an application to be made to the local planning authority (LPA) to carry out development without compliance with a condition or condition subject to which a planning permission was previously granted.

The LPA’s consideration of the application is limited to consideration of the conditions to which the original permission was granted and consideration of different conditions. If it considers the original conditions should not be changed, the LPA must refuse the application (TCPA 1990, s 73(2)(a) and (b)). See also Pye v Secretary of State for the Environment.

See TCPA 1990, s 100ZA for statutory restrictions on the power to impose planning conditions in England.

By TCPA 1990, s 73(5), section 73 may not be used to change a planning condition by extending the time within which a planning condition must be implemented.

TCPA 1990, s 73 creates an entirely new planning permission, leaving the original planning permission so that the developer may implement either.

In some situations, it may be possible to amend the

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