Varying Conditions placed on a Planning Application
by Paul Zyda
Upon granting planning permission for developments, as a result of the provisions contained within section 72 of the Town and Country Planning Act 1990 (TCPA 1990) it is very common for Local Planning Authorities (LPA’s) to place certain planning conditions upon these permitted developments.
However, where applicants are not happy with the imposition of these conditions they are able to apply to the LPA that initially imposed the condition and ask them to remove or to vary these using section 73 TCPA 1990. Known as a “section 73 application” these request that the Local Planning Authority re-evaluate the imposition of the condition in question. It further requests that the Local Planning Authority reconsiders if the extant condition is in line with the requirements set out in the National Planning Policy Framework (NPFF) in order for them to be regarded as legally valid.
If this is unsuccessful and the LPA refuse the s.73 application, then it is possible to appeal to the Planning Inspectorate and ask them to look at whether these conditions meet the requirements and whether it is in line with local and national planning policy.
If you are an applicant who has had a planning application granted subject to conditions and wish to make a s.73 application or have had a s.73 application dismissed by the LPA and now wish to appeal to the Planning Inspectorate, please contact Zyda Law on 0345 222 8515 where one of our specialist planning solicitors will be happy to help.
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