Modification or Discharge of S106 Obligations Application Checklist
A Section 106 is a legal agreement secured under Section 106 of the Town and Country Planning Act 1990 and are entered into by the Developer and/or Landowner and the Local Planning Authority.
The agreements are linked to planning permissions and contain legally binding planning obligations to secure contributions, restrictions on the land, management of open space, affordable housing etc
A Section 106 planning obligation may be modified (known as a Deed of Modification) or discharged in two ways:
- Within five years of the date of the completion of the obligation, at any time, by agreement between the LPA and the person or persons against whom the obligation is enforceable;
- After five years beginning with the date the obligation was legally completed (or a later date specified in the obligation itself).
The following information is required:
Ownership Certificate (A, B, C or D - as applicable) as required by planning regulations.
Agricultural Holdings Certificate as required by planning regulations.
In addition, where Ownership Certificates B, C or D have been completed, notice(s) as required by planning regulations must be given and/or published in accordance with the regulations.
All submitted plans must be to a recognised scale, plans that include the words 'Do Not Scale' will not be registered.
General Data Protection Regulations (GDPR) Check:
To ensure your application is processed and validated quickly, please DO NOT INCLUDE SIGNATURES or any personal information that requires redacting within any of the plans or accompanying documents other than the application forms.
If information of a personal nature needs to be submitted as a material consideration, please include this in a separate document clearly marked as such.