A recently-won flexibility for applicants to alter planning permissions without making a fresh application has been severely restricted by the latest Appeal Court ruling. 

Appeal Court judge Lord Justice Lewison earlier this month handed down a judgment which appears to seriously curtail applicants’ ability to alter existing permissions without making a fresh application. 

This ruling means that under s73, alterations to the description of a planning permission cannot be approved and property developers can no longer tweak housing projects without incurring the expense and risk of submitting a new full application. 

Alex Ground appears in Property Magazine to discuss the impact these changes will have on property developers. While the ruling allows s73 applications to be used to make 'minor material' changes to permissions, Alex estimates that rules out anything between 20 and 30 percent of existing s73 applications. 

How the courts have curbed developers' scope to alter permissions is available to read on Planning magazine's website. However, you must be a subscriber to read this content.

Alex is a partner in our real estate team. She advises on all aspects of planning, highways and compulsory purchase including planning applications, appeals, negotiating s106 agreements, challenges and enforcement.