A Section 106 planning obligation may be changed or discharged in 2 ways:
1) within 5 years of the date of the completion of the obligation, at any time, by agreement between us (the local planning authority) and the person or persons against whom the obligation is enforceable.
2) after 5 years beginning with the date the obligation was legally completed (or a later date specified in the obligation itself).
These applications are commonly known as Section 106A applications.
How to amend your planning obligation
Please email planning@greatercambridgeplanning.org it discuss your application before making an change.
The application can be made on this form [DOC] which requires:
- the applicant’s name and address
- the address or location of the land to which the application relates and the nature of the applicant’s interest in it
- sufficient information to identify the planning obligation which the applicant wants to have modified or discharged
- the reasons for applying for the modification or discharge
- other information that the authority considers necessary to enable them to determine the application.
- a map of the land that is subject to the planning obligation.
There is no direct fee to amend an agreement, however we may formalise the changes through a deed of variation cost.
Next steps
Once the application has been received it will be determined within 8 weeks unless an extended period is agreed.
We may decide that:
- the obligation will continue without modification
- the obligation no longer serves a useful purpose and shall be removed, or
- the obligation continues to serve a useful purpose, and the modifications will be applied. In this case, the modified obligation is enforceable from the date the notice of the determination was given to the applicant.
There are 4 essential questions we will consider when determining your application:
- what is the current obligation?
- what purpose does it fulfil?
- is it a useful purpose? and if so,
- would the obligation serve that purpose equally well if it had effect subject to the proposed modifications?
Section 106A involves a precise and specific statutory test and does not bring in the full range of planning considerations involved, for example, in an ordinary decision on the grant or refusal of planning permission.
If we refuse an application
Applicants have a right of appeal against a decision by the Council to refuse a Section 106A application. These provisions are set out in Section 106B of the Act.
The right of appeal applies only where the planning obligation is at least 5 years old.