Modification of planning obligations

Planning obligations (section 106 agreements) are conditions we sometimes ask for to reduce the impact of a development.

When agreed, planning obligations can be:

  • changed using a deed of modification
  • discharged when:
    • an obligation is no longer needed
    • we agree for it to be modified

To apply, complete our: 

send your completed application using our contact form
An applicant must notify anyone else against whom the obligation is enforceable 21 days before the date of the application. There is no fee payable.

We will:

  • discharge an obligation if it is no longer needed to serve a useful purpose
  • agree to modify an obligation if we consider an obligation is still needed but can be changed to meet the needs proposed in the application
  • refuse to discharge the obligation if we consider that the obligation still serves a useful purpose

Applicants are expected to pay our legal costs and may need to agree this, in writing, before a decision is made. We have eight weeks to decide an application. You can appeal to the Planning Inspectorate against refusal or when no decision is made.