Remove or Variation of a Condition (Section 73)

Planning conditions are often applied to the grant of planning permission. These limit and control the way in which the planning permission may be implemented. This application type can be used to either remove or vary such a condition.

For more information about making changes to your planning permission please refer to our the guidance notes.

What you need to submit

When is it required?

Always required - A completed form is always required (one copy of all application documents must be supplied if submitted by post).

What is required?

Please ensure that you have completed every section of the application form before submitting. Where sections or questions are not relevant please state this on the form.

Source, policies and references

National validation requirement

When is it required?

Always required (part of application form)

What is required?

The relevant certificate must be completed, signed and dated (part of application form). Only one certificate should be completed.

  • Certificate A should be completed if the applicant is the sole owner of the land to which the application relates or holds an unexpired lease with a term of 7 or more years remaining.
  • Certificate B should be completed if the applicant is not the sole owner but knows the names and addresses of all the other owners.
    The Notice to Owners (Notice 1) must also be completed and sent to all known owners. A copy of the notice must be sent with the application to the local authority.
  • Certificate C should be completed if the applicant does not own all of the land to which the application relates and does not know the name and address of all of the owners. The Notice to Owners (Notice 1) must be completed and sent to all known owners. Where the owner is unknown the Notice to Unknown Owners (Notice 2) needs to be published in a local newspaper. A copy of the notice must be sent with the application to the local authority.
  • Certificate D should be completed if the applicant does not own all of the land to which the application relates and does not know the names and addresses of the owners. The Notice to Unknown Owners (Notice 2) needs to be published in a local newspaper. A copy of the notice must be sent with the application to the local authority.

When is it required?

This is always required, unless covered by an exemption.

Common exemptions:

  • For alterations, extensions etc. to a dwelling house for the benefit of a registered disabled person (please provide evidence from the DWP that the applicant is registered as being disabled);
  • The first revision of an application for development of the same character or description on the same site by the same applicant within 12 months of making the earlier application if withdrawn or the date of decision if granted or refused and NOT a duplicate application made by the same applicant within 28 days.

What is required?

Current national fees can be found on the Planning Portal. Guidance: GOV.UK: Fees for planning applications

Source, policies and references

National validation requirement

What is required?

  • Details of the planning permission in respect of which the S73 application is made
  • Sufficient information to explain why the condition should be varied/removed

When is it required?

The Town and Country Planning (Environmental Impact  Assessment) Regulations (2017) apply to two separate types of development:

  • Schedule 1 development, for which EIA is required in every case; and
  • Schedule 2 development, for which EIA is required only if the development in question is judged to give rise to significant environmental effects.

If you are proposing any large or sensitively located development, please ask us about Environmental Impact assessment as part of your preapplication discussion.

What is required?

If your development proposal is considered to be EIA development, then an Environmental Statement (ES) which assesses the likely significant environmental effects of the proposed development will need to be prepared and submitted as part of the planning application. Information for inclusion in an Environmental Statement is set out in Schedule 4 of the Regulations. The scope of any ES should be agreed by the local planning authority in a formal scoping opinion.

Source, policies and references

National validation requirement

  • Town and Country Planning (Environmental Impact Assessment) Regulations 2017
  • National Planning Practice Guidance (NPPG) - Environmental Impact Assessment

When is it required?

Development affecting a heritage asset. Heritage assets are buildings, monuments, sites, places, areas or landscapes which are significant because of their historic interest.

Designated heritage assets include:

  • World Heritage Site
  • Scheduled Monument
  • Listed Building
  • Registered Park and Garden
  • Conservation Area

For new development, consideration should be given to the potential of archaeological assets.

What is required?

The level of information or investigation required to support a proposal that could impact on a heritage asset needs to be proportionate to the significance of the heritage asset and the potential impact of the works proposed. Pre-application meetings are strongly recommended.

As a minimum, statements will be required to identify heritage assets and demonstrate how proposals have preserved or enhanced their significance.

Source, policies and references

Local validation requirement

  • SCLP Policies NH/14 & NH/15
  • NPPF Chapter 16
  • NPPG - Conserving and enhancing the historic environment Listed Buildings SPD
  • Listed building descriptions
  • Conservation Area appraisals
  • Cambridgeshire Historic Environment Record

When is it required?

Proposals for new residential development (conversions or new build) which will need to make provision for new open space.
Proposals adversely affecting or leading to the loss of existing open space.

What is required?

A statement setting out as appropriate how the open space requirements of policy SC/7 are to be satisfied.Where a loss is proposed, a statement having regard to policy SC/8.

Source, policies and references

Local validation requirement

  • CLP Policy SC/7 and SC/8
  • Playing Pitch Strategy 2015-2031 (updated June 2016) Indoor Sports Facility Strategy 2015-2031 (updated June 2016)
  • Cambridgeshire Green Infrastructure Strategy (2011) Further guidance will be provided in an Open Space SPD

When is it required?

Applications that will require contributions or any form of legal agreement to be entered into.
Applications to vary a condition to an approved planning permission that required a legal agreement.

What is required?

Developers should provide a draft heads of terms that details a schedule of issues (such as affordable housing or contributions to schools) to be addressed during the application process.

Source, policies and references

Local validation requirement

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