A Section 106 planning obligation may be changed (Deed of Modification) or discharged in two ways.
1) Within five years of the date of the completion of the obligation, at any time, by agreement between us and the person or persons against whom the obligation is enforceable.
There is a planning administration fee of £234 in addition to legal charges for this and we would encourage applicants to fill out the main pages of the relevant application form or provide the relevant information in by email. The primary legislation for this option is The Town and Country Planning Act 1990.
2) After five years beginning with the date the obligation was legally completed (or a later date specified in the obligation itself).
There is a planning administration fee of £234 and potentially legal charges for this. The relevant application form must be completed and the appropriate notice given for the application to be valid. Once accepted as a valid application there is a time limit for the application to be decided of 8 weeks. The primary legislation for this option is The Town and Country Planning (Modification and Discharge of Planning Obligations) Regulations 1992.