Section 106 amendment or variation

A section 106 (S106) agreement is a contract of obligations entered into between a developer, landowner and the Local Planning Authority (LPA). It can be attached to a planning permission to make acceptable a development that would otherwise be unacceptable in planning terms.

These obligations may be negotiated between the developer and the LPA, or the developer may choose to accept restrictions without negotiation in what is called a 'unilateral undertaking'.

Modification or discharge of a planning obligation

The Section 106A Town and Country Planning Act 1990 (as amended) states that planning obligations may be modified or discharged by agreement between the LPA and all persons against whom an obligation is enforceable.

Section 106A(3) allows applications to be made to modify or discharge planning obligations after the expiry of the relevant period (meaning such period as may be prescribed or the period of 5 years from the date of the planning obligation). The Town and County Planning (Modification and Discharge of Planning Obligations) Regulations 1992 sets out the steps for these applications.