Last Modified January 31, 2013
A section 106 planning obligation may be changed (Deed of Modification) or discharged in two ways:
Within five years of the date of the completion of the obligation, at any time, by agreement between us and the person or persons against whom the obligation is enforceable;
After five years beginning with the date the obligation was legally completed (or a later date specified in the obligation itself).
For a request for agreement to be made within five years, the applicant will need to set out reasons why this is necessary.
In both cases the proposal for modification or discharge should be submitted to us as a formal application. We will decide the application (i.e after five years) in one of the following ways:
If the obligation is no longer needed to serve its original intended purpose, it may be discharged
If we consider that the obligation is still needed to serve its original intended purpose, but that this can be achieved by modifying the obligation in the way proposed in the application, we can agree to modify the obligation
If we consider that the obligation still serves a useful purpose, we can refuse to discharge the condition.
Complete the application form: