Changes to planning obligations

Planning obligations (section 106 agreements) are conditions we sometimes ask for to reduce the impact of a development. They are governed by section 106A of the Town and Country Planning Act 1990. 

When agreed, planning obligations can be:

• changed using a deed of modification
• discharged when:
  • an obligation is no longer needed
  • we agree for it to be modified

To apply for a change or discharge of planning obligations, please complete the attached modification form and submit to us via email. 

Once we receive you form, we will:

• discharge an obligation if it is no longer needed to serve a useful purpose
• agree to modify an obligation if we consider it is still needed but can be changed to meet the needs proposed in the application
• refuse to discharge the obligation if we consider that the obligation still serves a useful purpose

Applicants are expected to pay our legal costs and may need to agree this, in writing, before a decision is made. 

We have eight weeks to decide an application.

Appeals

You can appeal a decision, or lack of decision, with the Planning Inspectorate. More information is included below.  

More information

We recommend the below resources for more information on planning obligations. 

• GOV.UK website - planning obligations
• Planning Portal website - conditions and obligations