167Modification and discharge of planning obligations(1)

A planning obligation may only be modified or discharged—

(a)

by agreement between the appropriate authority and every person against whom the obligation is enforceable, or

(b)

in accordance with this section and section 168.

(2)

An agreement within subsection (1)(a) may only be entered into by an instrument executed as a deed.

(3)

Any person against whom a planning obligation is enforceable may, at any time after the end of the relevant period, apply to the appropriate authority for the obligation—

(a)

to have effect subject to modifications specified in the application, or

(b)

to be discharged.

(4)

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

(a)

the period specified in regulations, or

(b)

if no period is specified, 5 years beginning with the day the obligation is entered into.

(5)

An application for the modification of a planning obligation may not specify a modification imposing a restriction or requirement on any other person against whom the obligation is enforceable.

(6)

Where an application is made for the modification or discharge of a planning obligation, the appropriate authority may determine—

(a)

that the planning obligation is to continue to have effect without modification,

(b)

if the obligation no longer serves a useful purpose, that it is to 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 is to have effect subject to those modifications.

(7)

The appropriate authority must give notice of its determination to the applicant within the period specified in regulations.

(8)

Where the appropriate authority determines that the planning obligation is to have effect subject to modifications specified in the application, the obligation as modified is enforceable as if it had been entered into on the day notice of the determination was given to the applicant.

(9)

Regulations may make provision about applications for the modification or discharge of planning obligations, including provision about—

(a)

the form and content of an application;

(b)

the publication of a notice of an application;

(c)

the procedure for considering representations made in relation to an application;

(d)

the notice to be given to an applicant of a determination.

(10)

Section 84 of the Law of Property Act 1925 (c. 20) (power of Upper Tribunal to discharge or modify restriction on use of land) does not apply to a planning obligation.

(11)

In this section “the appropriate authority” means—

(a)

the Welsh Ministers, in the case of an infrastructure consent obligation;

(b)

the Secretary of State, in the case of a development consent obligation;

(c)

the enforcing authority, in the case of any other planning obligation.

(12)

An enforcing authority must not consider an application made to it under subsection (3) if the application fails to comply with a requirement imposed by or under this section.