The Town and Country Planning (Modification and Discharge of Planning Obligations) Regulations 1992

Publicity for applications by local planning authority

5.—(1) When a local planning authority receive an application for the modification or discharge of a planning obligation they shall publicise the application by–

(a) posting notice of the application on or near the land to which the planning obligation relates for not less than 21 days; or

(b) serving notice of the application on the owners and occupiers of land adjoining that land; or

(c) publishing notice of the application in a local newspaper circulating in the locality in which that land is situated.

(2) The notice posted, served, or published in accordance with paragraph (1) shall be in the form set out in Part 3 of the Schedule and shall invite representations on the application to be made to the local planning authority within 21 days of the date on which the notice is posted or served, or within 14 days of the date on which the notice is published, as the case may be.

(3) The local planning authority shall make a copy of the application and the relevant part of the instrument by which the planning obligation was entered into available for inspection during the period allowed for making representations pursuant to paragraph (2).

(4) In paragraph (1)(b) “owner” in relation to any land means any person who–

(a) is the estate owner in respect of the fee simple; or

(b) is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remain unexpired.