Interpreting the change

Is section 73b going to really help or do anything else you can't already do with a minor amendment or the existing section 73? 

We are talking about ‘interpretation’, and is this going to achieve the intention of simplifying the planning process?

Upon reviewing the proposal, I am increasingly concerned that it may add yet another layer of complexity to an already lengthy procedure. While the intention is to improve conditions for developers and property owners wishing to extend their properties, in the short term, it appears to introduce additional technical components that, much like the existing sections 73 and 96b, remain open to interpretation.

Even a small change to the height of an extension can be seen as overbearing on a neighbour

For context, Section 73 of the Town and Country Planning Act permits the submission of a planning application solely for the removal or variation of a condition in an already approved planning permission, mainly to achieve a minor material or non-material amendment. 

With me so far?? 

However, a significant challenge remains: there is no clear definition of ‘what constitutes a material change’, leaving this subject to speculation and the discretion of individual planning authorities and their officers. Consequently, it is vital to collaborate with a local architect who understands how each planning authority operates.

What difference, if any, will Section 73b make? 

This provision will allow for material variations to an existing planning permission, provided they do not ‘substantially differ’ from the original. It is also anticipated that this will encourage larger developers to be more precise in their descriptions, as they will technically be able to adjust them. This change aims to save time and enhance transparency in the process.

Making clients aware of the process is paramount

These developments stem from the Levelling Up and Regeneration Act of 2023, which seeks to enhance and streamline the planning process to facilitate the construction of more homes. But is this what we need, more legislation? 

Section 73b is not yet official; while the consultation closed in May 2024, it is hoped it will be enacted in the coming months. 

So, what do you think, is this another layer for the construction industry to have to navigate, or could this be something that is going to improve an already heavily legislative process?