Successful S73 Application Removes Restriction on Permitted Homes

Our associate director, Aaron Henecke successfully presented at committee recently, resulting in a resolution to approve a Section 73 application for a site in Harlow.

“We had previously obtained planning permission for our client to convert existing outbuildings on their land into two self-contained dwellings,” explains Aaron. “However, one of the conditions of that permission was overly restrictive, unreasonably limiting the use, the ownership and the sale of the approved dwellings, to our client’s detriment.

“On review we determined that not only was the reason for placing the condition flawed, but it also failed to meet several of the six tests for planning conditions set out within the NPPF and the NPPG. On that basis, we were able to successfully argue, via a S73 application, that the condition serves no purpose, should never have been included in the first place and should be removed.

“Although unrelated objections from neighbours caused the application to be heard at planning committee, we were able to keep members focused on the relevant matters and thus received unanimous approval.

“This case is a reminder to review planning decision notices early, as one can never be sure which conditions a local authority may choose to attach. Seeking independent advice can identify where conditions are unreasonable or unjustified, while proactive engagement with Officers can help build a robust case for removal.

“We are pleased with the positive outcome on this application, which restores our client’s private land rights in full,” adds Aaron.