Planning - S73 Applications; Are they as Exciting as Solicitors Make Out?

Simple answer is no! Well maybe to me they are.

Is there benefit in knowing the principles of such areas; I think so and this is what we are trying to assist with by means of these short articles. But, without falling into the cataclysm that can be ‘a little knowledge is a dangerous thing’.

So without further ado; my top comments on s73 Applications:

• A S73 Application seeks to request that the LPA grant planning permission with amended conditions. This can often be for a simple redesign of parts of the development yet to be constructed.
• It is a standalone application – resulting in a standalone permission (so you will end up with two permissions)
• Consider the conditions that have been satisfied under what is generally referred to as the ‘Parent Permission’ – so that those that have been satisfied only need to relate to the documentation previously submitted. This assists if third parties who may have to review the permission, and what is outstanding.
• If there is a s106 agreement for the Parent Permission, you will need a s106 for the s73 application – although this is often just an agreement to ‘tie’ the s73 to the original permission; although this is a good time to consider if you wish to amend any elements of the original s106

All sounds good so far so what should you consider as a risk?

• The LPA can include any conditions that it deems appropriate; not just the ones you wish to amend.
• This can be crucial if the LPA has recently changed its Local Plan, as the new permission will be considered against the position at its determination not retrospectively as at the time of the Parent Permission.
• Many LPA’s are looking to incorporate minimum housing sizes (presently restricted to the planning regime) so this may be an issue; or indeed changes to Affordable Housing policies could result in costly consequences. Just consider this at an early stage rather than when the committee report is being drafted.

As ever always consider CIL or its next incarnation – but that as they say is another story…

If you do have queries or matters where you feel I could assist feel free to drop me a message or give me a call.

Jamie – has extensive experience in the areas of Development, Construction and Planning (having worked for both Public Sector and Private Developers through his career).

Author: Jamie Parsons – Development, Planning and Construction Solicitor

2 October 2020