Marian Court Phases 3 & 4: Proposed Amendments to the Approved Development
Overview
Hackney Council is inviting your views on proposed changes to the approved Marian Court development.
Planning permission was granted in 2020 and remains valid. Before construction begins, the Council is proposing to amend parts of the approved design. This page explains what has already been approved, what changes are being proposed, and how you can share your views.
You can also view information from the previous engagement on the Marian Court proposals on the Council’s consultation platform here.
What has already been approved?
In 2020, planning permission was granted for:
- 160 new homes
- A mix of social rent, shared ownership and other tenures
- New public routes and open space
- Commercial space
- A new community facility
- Buildings of agreed heights and layout across the site
The principle of redevelopment, the overall layout and much of the building form have already been established through that permission.
Why are changes being proposed?
- New building safety and fire regulations under the Building Safety Act
- Updated building regulations
- Increased construction costs and associated viability pressures
These changes mean that refinements to elements of the approved scheme are now required before work starts on site. As a result, planning applications are being prepared to amend parts of the existing permission.
What is being proposed?
Hackney Council is preparing planning applications to amend specific elements of the previously approved Marian Court Phases 3 and 4 scheme.
These include a Section 73 application to amend defined parts of the approved design, and a Section 96a application to make minor changes to the scheme description. Both processes are explained in more detail below.
The overall principle of development remains unchanged. The proposed amendments relate to specific buildings and uses within the site.
Summary of proposed amendments
- A slight increase in the total number of homes (from 160 to 163)
- An increase in social rent homes (from 32 to 36 within the overall mix)
- Design changes across the scheme in response to updated building safety and fire regulations
- Design updates to accommodate a revised energy strategy, including the introduction of air source heat pumps
- Replacement of the previously approved six townhouses in Block A with twelve flats
- A reduction in the amount of commercial space
- Relocation of the community space within the site
The images below show how the revised scheme compares to the previously approved scheme, including where plan area or mass has been added or removed.
The plan diagram below provides additional detail on where plan area or mass is proposed to be added or removed across the site.
The proposed scheme also includes a community centre, commercial spaces, courtyards, a playspace and improved pedestrian and cycle links.
What planning applications are required?
Two types of planning application are being progressed:
Section 96a application
A Section 96a application allows minor changes to be made to the wording of an existing planning permission. These changes must be non-material, meaning they do not significantly alter what was originally approved.
This application does not involve physical changes to the development and does not change the amount of development permitted.
The local planning authority determines whether proposed changes are non-material. Section 96a applications are not usually subject to public consultation but will appear on Hackney’s online planning register.
Section 73 application
A Section 73 application allows defined elements of an approved scheme to be amended. It does not replace the original planning permission and does not reopen the entire development for reconsideration.
- The overall principle of development is not being reconsidered
- The general layout and planning framework remain in place
- Only the specific amendments applied for can be considered
If submitted, the Section 73 application will go through a formal statutory planning consultation. During that period, representations can be made directly to the Council’s Planning Service.
What can this consultation influence?
Your feedback may inform:
- Refinements to specific design elements
- Detailed layout or façade adjustments where feasible
- How changes are explained and presented
- Mitigation measures where appropriate
However, certain aspects are constrained by:
- Building regulations and safety requirements
- Funding and viability requirements
- The scope of what can legally be amended through Section 73
- The principles already established in the 2020 permission
This means the scope for change is limited to specific elements of the approved scheme.
Frequently Asked Questions
Why are you submitting two types of planning applications?
Updated building regulations and increased construction costs mean that refinements to the approved scheme are required. This involves two separate planning processes:
- A Section 96a application, which makes non-material changes to the wording of the existing planning permission.
- A Section 73 application, which seeks approval for defined amendments to elements of the approved design.
The two applications are determined separately under different legal procedures.
What is a Section 96a application?
A Section 96a application refers to Section 96a of the Town and Country Planning Act 1990. It allows non-material changes to an existing planning permission. The local planning authority determines whether proposed changes are non-material.
Section 96a applications do not involve physical changes to the development and do not change the amount of development permitted. They are not usually subject to public consultation, but the application will appear on Hackney’s online planning register.
Can I comment on the Section 96a application?
Section 96a applications are not usually subject to public consultation because they relate to non-material changes. The application will appear on Hackney’s online planning register, and the local planning authority can be contacted about it.
What is a Section 73 application?
A Section 73 application allows defined elements of an approved scheme to be amended. It does not replace the original permission or reopen the entire development for reconsideration.
The local planning authority normally has 13 weeks to make a decision. If submitted, the application will go through a formal statutory planning consultation, during which representations can be made directly to the Council’s Planning Service.
Why is this not a completely new planning application?
Planning permission for Marian Court Phases 3 and 4 was granted in 2020 and remains valid. The proposed changes relate to specific elements of the approved scheme. Section 73 provides a legal route to consider defined amendments without reopening the entire development for reconsideration.
What can the Section 73 application change?
A Section 73 application can only consider the specific amendments applied for. The overall principle of development is not being reconsidered, and the general layout and planning framework established in 2020 remain in place. This means not all aspects of the scheme are open to change through this process.
Will the number of homes change?
The proposed amendments include a small change to the total number of homes. The figures and the overall proposed mix are set out in the information on this page and in the consultation materials. Any change would be considered through the Section 73 application process.
Are the heights of the buildings changing?
The 2020 planning permission established the overall approach to building heights and the layout across the site. The proposed amendments focus on defined changes to elements of the approved design. Full details, including drawings and visual material, are provided on this page.
What can this engagement influence?
Your feedback may inform refinements to specific design elements within the scope of the proposed amendments, how changes are explained and presented, and potential mitigation measures where appropriate. Some aspects are constrained by building safety requirements, planning rules, and the limits of what can legally be amended through Section 73.
What happens after this engagement period?
Feedback received during this engagement period will be reviewed and captured in an Addendum Statement of Community Involvement. If a Section 73 application is submitted, a formal statutory planning consultation will take place, and residents will be able to make representations directly to the Council’s Planning Service.
Who makes the decision on these applications?
Planning applications are determined by the local planning authority in line with planning law and policy. Decisions are made through the formal planning process and are independent from the project team delivering the scheme.
Why your views matter
Before we submit the Section 73 application, we want to inform residents, businesses and local stakeholders about the proposed amendments and provide an opportunity to comment.
Complete the online survey at the end of this page.
Street exhibitions – speak directly with the project team
Come along to view the proposed amendments and speak with Council officers and design leads about the changes before the Section 73 application is submitted.
- 10am–1pm, Saturday 7 March
In front of the City Academy, Hackney - 2pm–5pm, Saturday 7 March
In the Bridge House courtyard - 4pm–7pm, Monday 9 March
At the junction of Mehetabel Road and Link Street
We will also be door knocking in the area on 27 and 28 February and 2 March, and meeting local resident groups, schools and other stakeholders to discuss the proposed amendments and gather feedback.
Please review the information and images above before completing the questionnaire on the next page.
Interests
- Gathering ideas
- New Homes Programme
- Planning
- Regeneration
- Understanding views
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