Town and Country Planning Act 1990

[F1106A Modification and discharge of planning obligations.E+W

(1)A planning obligation may not be modified or discharged except—

(a)by agreement between [F2the authority by whom the obligation is enforceable] [F2the appropriate authority (see subsection (11))] and the person or persons against whom the obligation is enforceable; or

(b)in accordance with [F3—

(i)]this section and section 106B [F4, or

(ii)sections 106BA and 106BC.]

(2)An agreement falling within subsection (1)(a) shall not be entered into except by an instrument executed as a deed.

(3)A person against whom a planning obligation is enforceable may, at any time after the expiry of the relevant period, apply to [F5the local planning authority by whom the obligation is enforceable] [F5the appropriate authority] for the obligation—

(a)to have effect subject to such modifications as may be specified in the application; or

(b)to be discharged.

(4) In subsection (3) “ the relevant period ” means—

(a)such period as may be prescribed; or

(b)if no period is prescribed, the period of five years beginning with the date on which the obligation is entered into.

(5)An application under subsection (3) for the modification of a planning obligation may not specify a modification imposing an obligation on any other person against whom the obligation is enforceable.

(6)Where an application is made to an authority under subsection (3), the authority may determine—

(a)that the planning obligation shall continue to have effect without modification;

(b)if the obligation no longer serves a useful purpose, that it shall be discharged; or

(c)if the obligation continues to serve a useful purpose, but would serve that purpose equally well if it had effect subject to the modifications specified in the application, that it shall have effect subject to those modifications.

[F6(6A)Except in such cases as may be prescribed, the authority may not under subsection (6) discharge or modify the planning obligation if the authority considers that doing so would—

(a)prevent the biodiversity gain objective referred to in paragraph 2 of Schedule 7A from being met in relation to any development, or

(b)give rise to a significant risk of that objective not being met in relation to any development.]

(7)The authority shall give notice of their determination to the applicant within such period as may be prescribed.

(8)Where an authority determine [F7under this section] that a planning obligation shall have effect subject to modifications specified in the application, the obligation as modified shall be enforceable as if it had been entered into on the date on which notice of the determination was given to the applicant.

(9)Regulations may make provision with respect to—

(a)the form and content of applications under subsection (3);

(b)the publication of notices of such applications;

(c)the procedures for considering any representations made with respect to such applications; and

(d)the notices to be given to applicants of determinations under subsection (6).

(10)Section 84 of the M1Law of Property Act 1925 (power to discharge or modify restrictive covenants affecting land) does not apply to a planning obligation.

[F8(11) In this section “ the appropriate authority ” means—

(a)the Mayor of London, in the case of any planning obligation enforceable by him;

[F9(aa)the Secretary of State, in the case of any development consent obligation F10...;

F11(ab). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(b)in the case of any other planning obligation, the local planning authority by whom it is enforceable.

(12)The Mayor of London must consult the local planning authority before exercising any function under this section.]]

Textual Amendments

F1S. 106- 106B substituted for s. 106 (25.10.1991 so far as substituting the new s. 106, 25.11.1991 for certain purposes and otherwise 9.11.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 12(1); S.I. 1991/2272, art. 3(1)(a); S.I. 1991/2728, art. 2; S.I. 1992/2831, art. 2

F2Words in s. 106A(1)(a) substituted (6.4.2008) by Greater London Authority Act 2007 (c. 24), ss. 34(2), 59; S.I. 2008/582, art. 2(a)

F4Words in s. 106A(1) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 4(2)(b)

F5Words in s. 106A(3) substituted (6.4.2008) by Greater London Authority Act 2007 (c. 24), ss. 34(3), 59; S.I. 2008/582, art. 2(a)

F7Words in s. 106A(8) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 4(3)

F9S. 106A(11)(aa)(ab) inserted (1.3.2010) by Planning Act 2008 (c. 29), ss. 174(3), 241 (with s. 226); S.I. 2010/101, art. 3(k) (with art. 6)

Marginal Citations