Navigating granted planning permissions can sometimes feel like venturing into uncharted territory, especially when dealing with retrospective applications under Section 73A. Whether you’ve made changes to your project that weren’t in the original approval or you’re looking to address works that have already been completed, Section 73A applications offer a route to regularise and refine planning conditions. However, understanding this process often raises a host of questions: What makes a Section 73A application different? How long does it take? Can it be appealed? How it will be matched with local planning authority?
In this article, we’ll demystify the world of Section 73 and 73A applications, breaking down the key details, from time limits and requirements to the steps involved in navigating the process. By the end, you’ll have the clarity needed to make informed decisions and approach your planning needs with confidence. Let’s dive in!
Understanding Section 73A of the Town and Country Planning Act
To fully grasp Section 73A, it’s essential to first understand Retrospective Planning Permission. Retrospective planning is the process of seeking approval for developments or changes made to a property after the work has been carried out, without the necessary planning permission granted at the time of construction. This allows individuals and businesses to address projects that may not have followed proper planning procedures and ensure compliance with current regulations. For a more detailed explanation, you can read our guide: Retrospective Planning Permission – Do You Need Planning Permission if You’ve Built Without Planning Approval?
What is Section 73A?
Section 73A, on the other hand, deals specifically with retrospective planning permission. While Section 73 deals with variations to an already approved scheme, Section 73A provides a route to get previous permission to regularise unauthorised works and developments. This means that if a property owner has completed building works or non material amendments to a property without first obtaining the necessary planning permission, they can apply under Section 73A to gain retrospective approval.
Connection Between Section 73A and Retrospective Planning Application
Section 73A and retrospective planning applications are intricately connected, as they both address situations where developments have occurred without prior planning permission. However, while they share a similar purpose, they differ in scope and application date.
Section 73A specifically deals with developments where work has already been completed without obtaining the necessary planning permission. This section provides a formal route for property owners to retrospectively obtain planning permission or seek approval for unauthorised developments, ensuring that these projects meet current planning policies and regulations. It allows for modifications to approved plans or even the regularisation of unauthorised work, provided they align with local planning requirements.
Retrospective Planning Permissions cover a broad spectrum of developments that have been carried out without prior planning permission. These applications can pertain to various types of projects, ranging from small alterations and extensions to larger constructions. Section 73A is a focused aspect within this broader category, specifically dealing with unauthorised work and ensuring compliance through a well-defined process.
Both Section 73A and retrospective planning applications serve to help property owners regularise and bring their developments in line with legal standards. Gaining a thorough understanding of these processes is crucial for anyone navigating retrospective planning situations, facilitating a more efficient route to compliance and approval.
What Situations Call for Retrospective Applications Under Section 73A?
Retrospective planning applications under Section 73A are often required in situations where developments have been carried out without the necessary planning permission. These situations typically arise when property owners or developers make alterations, extensions, or other modifications to their property, only to realize after completion that they did not obtain prior approval.
Common scenarios that may necessitate a retrospective application include:
- Unapproved Extensions or Alterations: Adding extensions, converting spaces, or modifying existing structures without seeking planning permission.
- Change of Use Without Consent: Altering the use of a property, such as converting a residential property into a commercial space, without obtaining the appropriate change of use permission.
- Unauthorised Works: Engaging in works like erecting structures, demolishing buildings, or altering landscaping without prior approval.
- Temporary Structures: Installing temporary buildings or structures (e.g., sheds, greenhouses, or temporary event structures) without obtaining the necessary permissions.
- Minor Variations to Approved Plans: Implementing small changes or deviations from approved plans that still require formal approval to comply with planning regulations.
These situations often lead to retrospective applications because the property owner failed to seek the necessary permissions in advance. In cases where unauthorised developments are flagged by local authorities through enforcement notices, a retrospective application becomes essential to resolve compliance issues. For more information on enforcement notices and how to handle them, you can refer to our detailed guide: Received an Enforcement Notice from the Council? What Should I Do Now?
Section 73A of the Town and Country Planning Act provides a mechanism for making changes to an existing planning permission. It allows property owners or developers to apply to conditions of a previously approved plan or to regularise unauthorised developments. This section is particularly useful in situations where developments have been carried out without prior planning approval or where minor modifications are required to an existing approved plan.
How Does Section 73A Work?
- Amending Conditions: Section 73A allows for the variation or removal of conditions attached to a previous planning permission. For example, if a specific condition restricts the use of a property or imposes design specifications that are no longer practical or feasible, a Section 73A application can be made to revise those conditions.
- Regularising Unauthorised Developments: In cases where works have been completed without the necessary planning permission, a Section 73A application provides a route to amend existing permissions to reflect the current situation, thereby ensuring compliance with planning policies.
- Improving Flexibility: Section 73A helps streamline processes, offering more flexibility in managing developments while maintaining control over planning policies and regulations.
Overall, Section 73A serves as a valuable tool for managing changes to previously approved planning permissions and addressing unauthorised developments in a formal and compliant manner.
What is the Time Limit for Section 73A Applications?
Section 73A of the Town and Country Planning Act provides a way to vary or amend conditions of an existing planning, grant of permission or regularise unauthorised developments. While Section 73A does not have a strict statutory time limit, it is important to understand how time can impact the application process.
Time Limit for Section 73A Applications:
- General Planning Application Duration:
For context, most planning applications in the UK typically take between 8 to 13 weeks to process. However, this can depending on the complexity of the project, local planning authority, and public consultation requirements. For more information, you can refer to our detailed article on How Long Does Planning Permission Take in the UK? - Section 73A Application Specifics:
While Section 73A itself doesn’t specify a hard deadline, prompt action is recommended to avoid complications. Delays may impact how well the application aligns with current planning policies and regulations. - Enforcement Considerations:
If enforcement action is being taken against unauthorised works, delays can lead to more restrictive measures or additional requirements for rectification. Thus, addressing Section 73A matters quickly helps in managing and rectifying unauthorised developments efficiently.
In summary, although Section 73A applications do not have a fixed timeline, gaining insight into the broader planning timelines and potential enforcement risks can assist property owners in managing the development process more efficiently.
What is the Difference Between Section 73A and Section 74?
Section 73A and Section 74 of the Town and Country Planning Act address different aspects of planning control, specifically when it comes to managing and amending planning conditions. Although both sections deal with changes to planning permissions, they serve distinct purposes and are used in different situations.
Section 73A:
Section 73A primarily deals with the amendment or removal of conditions attached to an existing planning permission. This section allows property owners and developers to seek changes to the conditions imposed on a previously approved development. The key purpose of Section 73A is to provide flexibility, ensuring that developments can evolve in response to changing circumstances, without requiring a new full planning application. For instance, if a project was approved under specific conditions, but the developer needs to make alterations, Section 73A allows for those changes to be legally formalised. This is especially useful for retrospective applications where developments have been carried out without fully meeting the the original planning permission conditions.
Section 74:
In contrast, Section 74 focuses on enforcement actions. This section is used when unauthorised developments are identified, meaning work has been carried out without the necessary planning permission or fails to meet approved conditions for new permission. Section 74 allows local planning authorities to issue enforcement notices, requiring rectification or reversal of such unauthorised work. This ensures that developments adhere to the approved planning policies and legal requirements. In essence, while Section 73A is about flexibility and amendments, Section 74 deals with non-compliance and enforcement.
In summary, Section 73A allows for amendments to approved plans, while Section 74 focuses on enforcement and compliance with planning regulations. Together, these sections ensure that developments are managed responsibly, maintaining a balance between flexibility and control.
What is Needed for a Section 73A Application?
Preparing a Section 73A application is more than fulfilling legal requirements; it’s about presenting a strong, well-supported case that meets planning standards and ensures compliance. By taking a thoughtful approach, you can streamline the process and increase the likelihood of a successful outcome. Here’s what you need to know:
Start with Pre-Planning Advice
While not a mandatory step, seeking pre-planning advice from an experienced planning consultant can significantly strengthen your application. A professional can identify potential obstacles, guide you through local policies, and ensure your proposal aligns with current planning requirements. This early step can save time and help avoid costly revisions later on.
Learn more about how pre-planning advice can benefit your project here: Pre-Planning Advice. You can also explore the importance of planning and development appraisals in understanding your project’s potential: Planning vs. Development Appraisal Guide.
The Role of Architectural Drawings
Clear and accurate architectural drawings are fundamental to any Section 73A application. These drawings illustrate the unauthorised work and demonstrate how it fits within its context, highlighting compliance with planning standards. A skilled architect can ensure these drawings communicate your vision effectively, address any planning concerns, and enhance the credibility of your application.
For a Section 73A application, the quality of your planning drawings can make a significant difference. These drawings not only illustrate the details of the unauthorised development but also demonstrate how the work aligns with planning regulations and its surrounding context. Ensuring your drawings are precise and well-prepared adds clarity and professionalism to your application.
Collaborating with a skilled architect can take this a step further. Architects bring a deep understanding of planning requirements and can create drawings that effectively address potential concerns from the local government and planning authorities. Their expertise helps showcase your development in the best possible light, making your application stronger and more compelling.
For expert insights on creating impactful planning drawings, visit: Planning Drawings for Applications. To explore why hiring an architect is a valuable investment for your application, check out: Why Hiring an Architect Can Help.
Essential Documentation
A comprehensive Section 73A application package typically includes:
- Application Form: Fully completed with all required details.
- Site Location Plan: Showing the boundaries of the site and surrounding context.
- Existing and Proposed Plans: Highlighting the unauthorised work and any intended changes.
- Supporting Statements: Explaining the reasons for the retrospective application and addressing potential concerns.
- Additional Consents: Required for listed buildings or protected areas.
- Application Fee: The fee must be accurately calculated and paid.
Putting It All Together
Preparation is the cornerstone of a successful Section 73A application. By combining expert advice, well-crafted drawings, and a complete set of documents, you can build a strong case that demonstrates your commitment to compliance. Whether you’re addressing past oversights or seeking to regularise changes, a well-prepared application paves the way for a smoother process and a positive outcome.
Can You Appeal a Section 73A Application?
Submitting a Section 73A application can be a complex process, with outcomes often depending on how well the proposal aligns with local planning policies and how well any concerns raised by the local authority are addressed during the review. A clear understanding of these aspects can greatly increase the likelihood of a successful application. For more in-depth insights into what impacts success rates and tips for strengthening your application, check out our comprehensive guide: What Is the Success Rate of the Retrospective Planning Application?.
However, if your Section 73A application is refused, it’s important to know that there are still options available. You have the right to appeal the decision notice through the Planning Inspectorate or escalate the matter to the High Court for further consideration if necessary. This process allows you to challenge the refusal by providing additional evidence, addressing misunderstandings, or presenting compelling arguments that may not have been fully considered initially. An appeal offers a second opportunity to demonstrate why your development should be approved, even if there were concerns about its impact or compliance.
Preparing for an appeal is vital, requiring meticulous documentation and a deep understanding of planning policies and regulations. Our article, Can You Appeal a Retrospective Planning Application Refusal?, offers practical guidance to assist you in confidently navigating this process. By adopting the right approach and seeking expert advice, setbacks can be transformed into new opportunities for your project.
Why Homz is the Right Choice for Your Retrospective Planning Permission Made Under Section 73A?
Navigating retrospective planning permission under Section 73A can be challenging, but with Homz, you have a reliable partner by your side. Our skilled professionals are well-versed in planning regulations and are committed to guiding you through the process to ensure the best possible outcome for your project.
At Homz, we provide customised support to ensure your Section 73A application is meticulously prepared and effectively presented. We prioritise addressing any concerns raised by local planning authorities, enhancing your chances of success. With our specialised knowledge, you can confidently manage the intricacies of retrospective planning.
Choose Homz for a smooth and efficient approach to your Section 73A planning needs. Contact us today, and let’s make your project a success!
FAQ: Section 73A Retrospective Planning Permission
1. What is Section 73A?
Section 73A of the Town and Country Planning Act allows for retrospective planning permission to be sought for unauthorised developments to get granted planning permission. This means an applicant applying for approval after works have been carried out without prior planning permission, ensuring that developments meet current planning policies and regulations.
2. Why might a Section 73A application be necessary?
A Section 73A application is often required when changes or developments are made to a property without obtaining the necessary planning permission. This could include extensions, alterations, changes of use, or temporary structures. It allows property owners to rectify these situations while ensuring compliance with planning standards.
3. What types of changes can be made under Section 73A?
Under Section 73A, changes can be made to a previously approved development that do not significantly alter its scope or impact. This less significant change can include minor alterations such as changes to materials, layout, design, or other non-substantial aspects.
4. What is the process for submitting a Section 73A application?
The process usually entails submitting a detailed request for the proposed changes, along with supporting documents. The local planning authority then evaluates the application to determine if the changes are acceptable. With expert guidance, this process can lead to a smoother and more successful outcome. For expert guidance and assistance, feel free to Reach Out to Us.
5. How does Section 73A impact neighbouring properties?
Section 73A amendments are limited to non-material changes in land used, so they typically do not have significant impacts on neighbouring properties. However, any potential impacts are reviewed by the local planning authority.
6. How do local authorities ensure Section 73A amendments are reasonable?
Local planning authorities review each application to ensure that the proposed changes are indeed non-material and do not significantly alter the development’s approved characteristics or impact.
