Simple terms explainer

Sometimes, after planning permission has been granted, a developer realises that one of the attached conditions no longer works in practice. A Section 42 application allows them to formally ask the council to change or remove one or more of those conditions without reopening the entire planning permission. If approved, the council must issue a new standalone permission, while the original permission remains in place, meaning the development can end up with two valid permissions. When considering a Section 42 application, the council must assess whether the proposed changes are acceptable in planning terms. This includes checking that the development still complies with the current development plan, that the revised conditions continue to protect local amenity, and that potential impacts are properly controlled.