Chapter 4: Grant and Implementation of Planning Permission 73B Applications for permission not substantially different from existing permission
Subsection (1) of the new section 73B sets out that an application for planning permission should be determined in accordance with this section if the applicant requests that it be determined under the new route, proposes the conditions (if any) subject to which permission should be granted, and identifies an existing permission that the applicant seeks to amend.
	Subsection (2) sets out that the existing permission (under subsection (1)(c)) must not have been granted under section 73, section 73A or this section of the TCPA 1990, or other than on application.
	Subsection (3) sets out that the applicant may also identify for the purposes of an application to be determined in accordance with this section a planning permission (a) that was granted under section 73 or this section by reference to the existing permission, or (b) that forms part of a sequence of planning permissions granted under section 73 or this section, the first of which was granted by reference to the existing permission.
	Subsection (4) provides a development order must set out how an applicant is to do as mentioned in subsections (1) and (3).
	Subsection (5) requires that planning permission may be granted only if the local planning authority is satisfied that the effect of permission applied for will not be substantially different from that of the existing permission.
	Subsection (6) provides that planning permission may not be granted in a way such that the time by which development must be begun or the time by which an application for approval of reserved matters is to be made differs from the existing permission.
	Subsection (7) requires that when determining an application made under the new route, a local planning authority must limit its considerations to those respects in which the permission being applied for (if granted in the terms of any proposal under subsection 1(b)) would differ in effect from (a) the existing permission, and (b) each planning permission (if any) identified in accordance with subsection (3). Section 70(2) of the TCPA 1990 is subject to the constraints in this subsection.
	Subsection (8) states if that the local planning authority decides not to grant planning permission under this section, it must refuse the application (i.e. the application cannot instead be considered under another route to planning permission. Rather, the application must be refused (or withdrawn by the applicant), and a new application made under the relevant route must be submitted to the local planning authority for consideration).
	Subsection (9) requires that for the purposes of this section, the effect of a planning permission is to be assessed with respect to both the development authorised and any conditions to which it is subject.
	Subsection (10) provides that when determining the effect of an existing planning permission under subsection (5), any changes made under section 96A should be disregarded (although any such changes do fall for consideration when the local planning authority determines an application under subsection (7)).
	Subsection (11) relates to the interactions of the new route to planning permission with the mandatory biodiversity net gain condition under paragraph 13 of Schedule 7A (biodiversity gain condition) of the TCPA 1990. Subsection (11)(a) sets out the new route to planning permission cannot be used to disapply that mandatory biodiversity net gain condition, while subsection (11)(b) requires that the mandatory condition is disregarded for the purposes of subsection (1)(b), (5) and (7). Subsection (11)(c) sets out a biodiversity gain plan is to be regarded as approved where it attaches to a permission granted under the new route where: (i) the existing permission is subject to the mandatory condition; (ii) the biodiversity gain plan was approved for the purposes of the existing permission; (iii) planning permission is granted under this new route; and (iv) the development permitted under the new route is consistent with the post-development biodiversity value of the on-site habitat as detailed in the biodiversity gain plan approved for the purposes of the existing permission.
	Subsection (12) ensures that new section 73B cannot be used to disapply the condition relating to development progress reports (new section 90B TCPA 1990).
	Subsection (13) requires that for the purposes of applications for planning permission made to or to be determined by the Secretary of State, any references to local planning authority in this section is to be read as a reference to the Secretary of State.
	Subsection (14)(a) states each reference to planning permission for the purposes of applications for permission in principle should also be read as a reference to permission in principle. For the purposes of applications made under the new route in relation to applications for permission in principle, subsection (14)(b) sets out that the provisions of this section relating to conditions should be omitted.
	Subsection (15) sets out that any permission in principle, granted in accordance with the new route, for the purposes of section 70(2ZZC), is to be taken as having come into force when the existing permission in principle identified under subsection (1)(c) came into force.
	Subsection (3) amends section 62A(2) of the TCPA 1990 to provide that, where a local planning authority is designated by the Secretary of State under section 62B of the Act, applications for planning permission made under the new route do not constitute a "relevant application" for the purposes of section 62A(1).
	Subsection (4) amends subsection (8) of, and inserts new subsections (10) and (11) into, section 70A (Power to decline to determine subsequent application) of the TCPA 1990. This provides that an application made under the new route is not to be considered similar to an earlier application determined under a different route to planning permission, and that an application made under the new route should be considered similar to an earlier application under the new route only if the local planning authority think that the difference of effect under subsection 73B(7) is the same or substantially the same in the case of both applications.
	Subsection (5) amends subsection (5) of, and inserts new subsections (5A) and (5B) into, section 70B (Power to decline to determine overlapping application) of the TCPA 1990. The effect is the same as under subsection (4), however with respect to section 70B of the TCPA 1990.