3D diagram architects drawing section 73 amended landscaping plan

Guide

7th October 2025

5 minute read

Section 73 Application - What are they and when are they useful?

It's not uncommon after being granted planning permission that people find they need to make changes or amendments. Often it's not clear what type of application is best to fulfill this.

In this guide, we'll walk you through the section 73 application type and how it might be the right application for anyone looking to change their planning permission.

Sean Payne Architect photo

Sean Payne

Director / Architect

When is it Useful to Amend Planning Permission?

Having to vary a planning approval is a very common occurrence on projects at all scales. It's not uncommon that items such as budget, aesthetics or practicalities of construction will require a minor material amendment on a planning application. 

Even in our experience as architects - it can be difficult to know from the outset what application type is best for this, particularly as the naming and definition for each application type isn't completely straight forward. 

What Is a Section 73 Application?

A Section 73 application (under Section 73 of the Town and Country Planning Act 1990) allow for the variation or removal conditions attached to an existing planning permission.

This may sound quite specific. But in practice this allows for the variation of any of the supporting information that accompanied the original approval.

This makes the Section 73 extremely useful for almost any type of amendment to the design, the drawings or anything else agreed with the council in the original application. 

That being said - there is a limit to what a section 73 application can do. If you're planning to make large changes that are outside of the original scope of the planning permission, you'll likely need to make a fresh planning application. 

What constitutes a minor amendment which a Section 73 application can handle, compared to a large amendment that would warrant a new planning application isn't always clear.

In my experience it always helps to consider the specific amendment you're looking to make on a project by project basis, in order to conclude whether a section 73 application is right for you. Discussing with the local council can also help, but it isn't uncommon for them to classify the amendments incorrectly in our experience. 

When a section 73 application is approved, it will sit alongside the original approval, acting much like an update. The original planning application doesn't get updated on the council's website, so it is important to consider any amendments that follow to ensure you have the most up to date understanding of what the planning permission entails.

When Can You Use a Section 73 Application?

As mentioned above, it is important to review whether the amendment you are planning to add to your previous planning permission is suitable to be included in a Section 73 application. 

It's difficult to create a set or unchanging rules (as is the case for most thing related to planning permission) but to give an idea of what typically is and is not suitable for a Section 73 application, see the following examples. 

Items you can typically include in a section 73 application:

- Moving windows or doors.

- Changing external materials.

- Adjusting internal layouts that affect elevations.

- Changing the roof design or height slightly.

- Moving a building’s footprint modestly.

- Adding or deleting conditions (e.g. to change material samples or landscaping deadlines).

Items that will typically not be allowing in a section 73 application and most likely require a fresh planning application:

 - Increasing the number of dwellings in the design.

- Adding additional floors.

- Changing the most of the design's use class.

- An overhaul of the buildings appearance.

As an initial 'finger in the air' approach I like to use in order to determine quickly if the variations are acceptable under a section 73 application. You can consider the amended proposals next to the original description of the proposal as written in the original planning permission.

If you find the amended design differs significantly from what is written in the description of the proposal, it might be worth discussing with the council first.

How to Submit a Section 73 Application


Submitting a section 73 can be quite convenient compared to a regular planning application given it's focus only on the conditions you wish to amend.

That being said - as with any council application - it's important to get things right and prepare the right material in order to ensure approval and make sure the right items are varied in the manner you are expecting.

Screenshot from landscaping architect plan for section 73 application


The following steps will outline the process for submitting a section 73 application.

Step 1 - Review the planning permission conditions you'd like to amend


This may sound obvious - but reviewing the original planning permission decision letter issued by your council and making a game plan about exactly which conditions you wish to change will be important first step.

Typically (but not always) you'll find condition 2 to outline that the project should follow the documents you submitted. If you're looking to make changes to the design that will be shown on drawings you'll most likely be wanting to vary this condition in your Section 73 application.

That being said it's important to consider your specific case - using 34 Rutland Avenue as a case study as we will be with all the following imagery - one section 73 application was seeking to revise the landscaping design for the project, this was previous submitted under a separate condition discharge application.

Luckily the Section 73 application was able to accommodate this amendment and was ultimately approved, but hopefully serves as an example of how it's important to state exactly which condition you're looking to change. 

Example planning application decision letter showing the typical conditions to vary under section 73


From the original 34 Rutland Avenue planning permission letter. The blue line shows the condition about following the documents originally sent whereas the red line highlights condition 3 as well as condition 5 which regarded the amended landscaping plan as well.

Step 2 - Prepare new documents


The next step is to prepare the documents which will 'update' the planning permission and project as you require. 

This may be as simple as revising some of the drawings as originally sent (for example, revising the front elevation drawing with new windows and doors) or it may involve sending fresh documents. This will largely depend on the nature of the condition you are looking to vary in the Section 73 application.

In the case of 34 Rutland Avenue -  the only document that was submitted for the amended landscaping for the project was the 'existing approved' Landscaping Plan and the 'proposed amended' Landscaping Plan alongside the filled out application forms which we'll get into later.

In most cases it's not much that is required compared to a full planning application, which highlights why a Section 73 application can be so useful.

Architect drawing example for amended landscape plan for Section 73 application


Above is the amended landscaping plan submitted with the 34 Rutland Avenue Section 73 Application.

Step 3 - Fill out the Section 73 application forms


The next step is to fill out the applications forms. Normally we like to do this via. the planning portal for ease but you can fill out a physical copy and submit directly to your local council if you wish. 

Most of the forms will be self explanatory when filling out, items such as the site address, name and contact information of the applicant and agent if you have one. 

The key item to fill out on the application form is the two questions shown on the screenshot which are:

- Please state why you wish the condition(s) to be removed or changed. 

- If you wish the existing condition to be changed, please state how you wish the condition to be varied.

For both of these questions, you should be able to provide a short but concise answer. 

Certificate A at the end of the forms should be suitable where the applicant is the sole owner of all of the land and the land is not within an agricultural holding. I won't go into further detail with regards to the ownership certificates if your case is different, but we'll likely write about it in the future. 

And that's it! As you can see the section 73 application form is much simpler to fill out compared to full planning application forms and is another reason they can be very useful. 
 

Section 73 application form most important part to fill out


Screenshot from the 34 Rutland Avenue Section 73 application form. Showing the key item to fill out.

Step 4 - Submit and pay the Section 73 application fee


Once you're forms are filled out and signed - via. paper form or on the planning portal - You can then submit and pay the application fee. Note: the application will not be processed until the application fee is made in full.

The fee is automatically calculated as part of the process when you submit the Section 73 application via. the planning portal. For the paper form the council should reach out to you via. email or call regarding the fee to be paid. 

You can find the up to date fees associated with the application using the planning portal's fee calculator (it's called a 'Removal/Variation of Condition' in the calculator not a Section 73, just to confuse you even more).

As of right now here are the fees for a Section 73 application:

- For Householder planning permission - £86 incl VAT.

- For any other type of development - £586 + £85 service charge, so £671 incl. VAT.

- For Major Developments - £2,000 + £85 service charge, so 2,085 Incl. VAT.

Council application fees rose across the board on 1st April 2025 and increase every 2-3 years to match inflation, so bare in mind this may be subject to change.

Again - the fees will typically be far cheaper than sending a full planning application again (with  the exception being for full applications of the same amount of fee such as a single dwelling etc). This again highlights the pros of the Section 73 application when done correctly.

Screenshot planning portal fee calculation for planning application


The Planning Portal fee calculator is a great way to get clarity over how much a Section 73 will cost. 

Step 5 - Await the decision date and make contact


A Section 73 application will typically take 8 weeks for a decision, although it's good to plan for delays and an extension of time should the council request one.

As with any application to the council it's wise to make contact with the council - particularly the case officer dealing with the application - prior to the decision date.

This allows for a dialogue to be had should there be any concerns they raise with the application and allows you to address them. This will improve the chances of gaining approval significantly.

Have more questions? Book a free consultation with us here

There's always more to the story with each project. If you didn't find what you needed from this guide, feel free to book in with us and we can see if we can help you with your specific project.

Latch architects logo with certfication RIBA ARB PassivHaus

Contact Us

Follow Us

© Copyright 2025 Latch Architects Ltd - All Rights Reserved