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Changing the design after approval: non-material amendment or Section 73

A genuinely non-material change may be dealt with under Section 96A; changing a planning condition may require a Section 73 application. More substantial changes, or changes outside what those routes can authorise, need a fresh planning application.

Agree the route before building the revised design. [1][2][3]

Start with the actual permission

Collect the decision notice, approved plans, conditions and any previous amendments. Describe the proposed difference precisely: what changes, which drawings are affected and what effects might change. The starting point is the authorised development, not the latest unapproved drawing in the project folder. [1]

A useful change schedule shows the approved position beside the proposed one. Include related changes, rather than presenting a roof alteration while omitting its effect on windows, materials or levels.

Non-material amendment: Section 96A

There is no universal measurement defining “non-material”. The council considers the change in the context of the permission, including the effect of previous amendments. A small physical alteration can matter in a sensitive location, while a different change may have no material planning effect. [1][2]

Section 96A gives a power to make non-material changes; it is not an entitlement to any change described by the applicant as minor. Do not build first on the assumption that the council will agree with that label. [2]

Section 73: changing conditions

Section 73 allows an application to develop without complying with conditions attached to an earlier permission. This can include changing an approved-plan condition where the statutory route is appropriate. It cannot be used to change the operative description of development or to extend the period for beginning the development. [1][3]

A Section 73 approval is a separate planning permission. Read its complete conditions and drawings and establish which permission will be implemented. Do not assemble a preferred scheme by selecting convenient parts from different permissions. [1]

When a fresh application is needed

A substantial or fundamental change may require a new application rather than either amendment route. Discuss this with the council using clear comparison drawings. The question is the scope and effect of the change, not simply whether applying again would be inconvenient. [1][4]

A new application also allows the revised development to be assessed as a coordinated whole. Check the information and fee requirements for that route before instructing a full redesign.

Keep other approvals aligned

Planning amendments do not automatically amend building control information or another consent. Check the revised design across the project's separate approvals and technical documents. A construction detail that requires an external change should be resolved in planning terms as well as technically. [5]

Keep the amendment decision, approved revisions and a clear explanation of what they replace. Before construction, issue one coordinated working set and remove superseded drawings from active use. Where the legal scope of a permission is uncertain, obtain planning legal advice before relying on an amendment.

Sources 6 references
[1]
Flexible options for planning permissions

MHCLG / GOV.UK · accessed 2 Oct 2026

[2]
Town and Country Planning Act 1990: section 96A

legislation.gov.uk · accessed 2 Oct 2026

[3]
Town and Country Planning Act 1990: section 73

legislation.gov.uk · accessed 2 Oct 2026

[4]
Planning permission: applications, amendments and expiry

London Borough of Harrow · accessed 2 Oct 2026

[5]
Building regulations approval

GOV.UK · accessed 2 Oct 2026

[6]
An accelerated planning system: consultation

MHCLG / GOV.UK · accessed 2 Oct 2026

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