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

Determination of applications by local planning authority

6.—(1) A local planning authority shall not determine an application for the modification or discharge of a planning obligation before the expiry of the period or periods provided for making representations in accordance with regulations 4(4) and 5(2).

(2) Subject to paragraph (1), a local planning authority shall give the applicant written notice of their decision within–

(a) 8 weeks from the date on which the application is received; or

(b) except where the applicant has already given notice of appeal to the Secretary of State, such extended period as may be agreed upon in writing by the applicant and the authority.

(3) When a local planning authority determine that a planning obligation shall continue to have effect without modification, the notice of that decision shall–

(a) state, clearly and precisely, the authority’s full reasons for their decision; and

(b) include a statement to the effect that the applicant may appeal to the Secretary of State against the decision within 6 months of the date of the notice or within such longer period as the Secretary of State may, at any time, allow.