This article is right for you if you plan to make a change to a planning application and want to know which one is right for s96a or s73, what is the difference between both planning applications? This article will go through all the overarching questions
When undertaking property development projects, navigating the planning permission process can be complex and time-consuming. One particularly challenging aspect is making changes to existing planning applications or approvals. Understanding the legal framework for amendments is crucial for project success.
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The Town and Country Planning Act 1990 provides specific routes for modifying existing permissions. Whether you’re considering a double storey extension or modifying approved plans, knowing which route to take can save time and money.
At AC Design Solution, we regularly guide clients through these complex processes. This guide explains the key provisions for modifying planning applications in the UK, helping you navigate this often confusing area with confidence.
Understanding Planning Application Modifications
Modifying approved planning permission allows property owners to make changes to existing planning consent without submitting an entirely new application. This approach saves considerable time and resources by avoiding the need to restart the planning process from scratch.
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The Town and Country Planning Act 1990 provides two primary routes for making amendments to approved planning applications:
- Section 96A (S96A) – For non-material amendments
- Section 73 (S73) – For minor material amendments
Even experienced professionals, including some town planners, occasionally find these processes confusing. The distinction between these options is critical for choosing the correct application path.
Non-Material vs Minor Material Amendments: Understanding the Difference
Non-Material Amendments (S96A Applications)
A non-material amendment (NMA) or S96A application involves updating an existing planning permission with changes that don’t materially alter the approved development. These amendments are typically small in scale and have minimal impact on the overall development.
To determine if your changes qualify as non-material, consider these key questions:
- Is the change significant in size and scale?
- Would consultees from the original application notice the difference?
- Would neighbouring properties be affected by the changes?
- Would the changes impact local or national planning policies?
These considerations help determine whether your modifications will require a more comprehensive application process.
According to Planning Portal, the official planning resource for England and Wales, non-material amendments might include small changes to window positions, minor alterations to materials, or slight adjustments to dimensions that don’t significantly impact the development’s appearance or function.
Minor Material Amendments (S73 Applications)
For more significant changes that still don’t fundamentally alter the nature of the development, a Section 73 application (formerly known as Minor Material Amendment or MMA) is required. These amendments are more substantial than non-material changes but still fall within the general scope of the original permission.
The Ministry of Housing, Communities & Local Government guidance clarifies that S73 applications can be used to vary or remove conditions associated with a planning permission. This might include changing aspects of the approved development’s design or altering the timeline for implementing certain conditions.
The S96A Process: Non-Material Amendments in Detail
The S96A process provides a streamlined approach for making non-material changes to an existing planning permission. Here’s what you need to know:
Key Characteristics of S96A Applications:
- Purpose: Specifically designed for non-material changes
- Scope: Limited to truly minor modifications that don’t alter the development’s character
- Timeline: Typically faster than S73 applications, though there’s no statutory timeframe
- Fees: Lower application fees than S73 applications
- Decision Process: Usually determined by planning officers under delegated powers without committee involvement
When to Use S96A:
S96A applications are ideal for minor adjustments such as:
- Small changes to window or door positions
- Minor alterations to external materials
- Slight changes to layout that don’t affect the building footprint
- Small adjustments to heights or dimensions that don’t materially change the building’s appearance
According to research by the Royal Town Planning Institute, approximately 30% of all planning amendment applications are non-material amendments, demonstrating their common usage in the development process.
The S73 Process: Minor Material Amendments Explained
Section 73 provides a mechanism for making more substantial changes that still don’t fundamentally alter the approved development. This process allows developers to vary or remove conditions attached to planning permissions.
Key Characteristics of S73 Applications:
- Purpose: For minor material changes that are more substantial than non-material amendments
- Scope: Can alter aspects of the approved plans, conditions, or other elements of the permission
- Timeline: Statutory determination period of 8 weeks (extendable by agreement)
- Consultation: May require consultation with statutory bodies and neighbours
- Decision Process: May require committee approval depending on the nature of the changes
When to Use S73:
S73 applications are suitable for more significant changes such as:
- Alterations to the building’s footprint (within reasonable limits)
- Changes to the height or massing that don’t fundamentally alter the development
- Substantial changes to the internal layout that affect external appearance
- Variations to approved materials or design features
Understanding whether changes require S73 or S96A applications is crucial to maintaining project timelines and budgets, especially for specialized projects.
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For specialized developments such as loft conversions, knowing the correct amendment route can prevent costly delays and ensure project success.
Legal Precedents: How Courts Interpret Planning Amendments
Court rulings provide important guidance on the interpretation and application of planning amendment legislation. A significant case that clarifies the boundaries of S73 modifications is Finney v Welsh Ministers [2019] EWCA Civ 1868.
In this landmark case, the Court of Appeal established that Section 73 cannot be used to make fundamental changes that alter the description of the development in the original planning permission. The court referenced the Supreme Court judgment in Lambeth LBC v SSHCLG [2019] UKSC 33, which emphasized that a permission under Section 73 must relate to the same development as previously permitted, albeit with new or amended conditions.
The legal boundaries established by these cases provide important guidance for planning professionals and property owners alike.
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This ruling has important implications for developers and homeowners seeking to modify their planning permissions. According to The Planning Inspectorate, applications that attempt to use S73 to fundamentally change a development’s nature are likely to be rejected and may require a new full planning application.
Case Study: Successful Planning Amendments
To illustrate how these processes work in practice, consider this real-world example from our portfolio:
We successfully submitted a Minor Material Amendment under S73 for an extension to a basement in a project that originally received permission for a complete new build with a basement and swimming pool. As the project progressed, our client realized their property remained the smallest on the road despite having the largest plot.
The case officer granted approval because the basement extension was substantially smaller than what was originally granted and didn’t cause harm to the surrounding area. This classification as a minor material change allowed our client to maximize their property’s Gross Internal Area (GIA) for future resale value without needing a completely new application.
Complex projects require careful planning and compliance with building regulations at every stage.
For developments requiring detailed technical documentation and building regulation drawings, understanding these amendment processes can prevent costly delays and ensure compliance throughout the project lifecycle.
Choosing the Right Amendment Route: Practical Guidance
When deciding whether to pursue an S96A or S73 application, consider these practical tips:
- Consult with professionals: Architectural firms like AC Design Solution can provide expert guidance on which route is most appropriate
- Pre-application advice: Many local authorities offer pre-application advice services to help clarify which amendment process is suitable
- Document your changes clearly: Prepare comprehensive documentation that clearly identifies all proposed changes
- Consider timing implications: Factor in the different timelines for S96A and S73 applications when planning your project schedule
- Budget accordingly: Account for the different fee structures and potential professional costs associated with each application type
Planning amendments are becoming increasingly common in residential development projects across the UK.
According to data from the Office for National Statistics, residential planning amendments increased by approximately 15% between 2020 and 2022, highlighting the growing importance of understanding these processes.
Conclusion: Navigating Planning Amendments Successfully
Modifying planning permissions can be complex, but understanding the differences between S96A and S73 applications is crucial for successful project delivery. While S96A provides a streamlined route for truly minor changes, S73 offers a solution for more substantial modifications that still fall within the scope of the original permission.
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By carefully assessing the nature and scale of your proposed changes, consulting with professionals, and choosing the appropriate amendment route, you can navigate the planning system efficiently and achieve your development goals.
At AC Design Solution, we specialize in guiding clients through the complexities of planning applications and amendments. Our experienced team can help you determine the most appropriate approach for your specific project needs and ensure your planning modifications are handled efficiently and effectively.
Whether you’re planning a flat conversion or need assistance with any architectural services, our team is ready to help you navigate the planning process successfully.
Q. What is the difference between a Section 96A and Section 73 application?
A: Section 96A application (Non-Material Amendment) is used for minor changes that don’t materially impact the approved development, such as small alterations to window positions or materials. A Section 73 application (Minor Material Amendment) is for more substantial changes that still don’t fundamentally alter the development, such as modest increases in size or significant design modifications.
Q. How long does it take to get a decision on a planning modification application?
A: For S96A applications (Non-Material Amendments), decisions typically take 4-6 weeks, though there’s no statutory timeframe. S73 applications (Minor Material Amendments) have a statutory determination period of 8 weeks, which can be extended by agreement if necessary. Timelines may vary depending on local authority workload and application complexity.
Q.Do I need to pay a fee for modifying my planning permission?
A: Yes, both S96A and S73 applications require a fee. The fee for a S96A application is typically lower than for a S73 application. For householder developments, a S96A application currently costs £68, while S73 applications are usually charged at half the fee of a full planning application. Always check with your local planning authority for current fee structures.
Q. Can I appeal if my modification application is rejected?
A: You can appeal against a refusal of a S73 application through the standard planning appeal process with the Planning Inspectorate. However, there is no statutory right of appeal against a refusal of a S96A application. If a S96A application is rejected, you may need to submit a S73 application or consider a full new planning application.
Q. Can I make multiple modifications to my planning permission?
A: Yes, you can make multiple modifications, but each change requires its own application. If you’re planning several changes, it’s often more efficient to group them together in a single application where possible. For substantial changes, your planning consultant may recommend submitting a new full planning application instead of multiple modification applications.
Q. At what stage of my project can I apply for planning permission modifications?
A: You can apply for modifications at any stage after receiving your initial planning permission, even if construction has already begun. However, it’s advisable to seek approval for changes before implementing them, as unauthorized modifications may result in enforcement action. The original permission must still be valid (not expired) when applying for modifications.
Zaeem Chaudhary
Zaeem is a co-founder who leads the Architecture and Structural team with tricky complexed projects, whether these involved multi storey high rise building or small extension, he has a strong track of obtaining grant of approval and finding solution to complexed structural issues.
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