Planning obligations can be renegotiated at any point, where the local planning authority and developer wish to do so. Where there is no agreement to voluntarily renegotiate, and the planning obligation predates April 2010 or is over 5 years old, an application may be made to the local planning authority to change the obligation
These applications are commonly known as Section 106A applications.
How to amend your planning obligation
Please email planning@greatercambridgeplanning.org to discuss your application before requesting a change.
The application can be made on this form [DOC] which requires:
- the applicant’s name and address
- the address or location of the land to which the application relates and the nature of the applicant’s interest in it
- sufficient information to identify the planning obligation which the applicant wants to have modified or discharged
- the reasons for applying for the modification or discharge
- other information that the authority considers necessary to enable them to determine the application.
In addition to the completed for the application must be accompanied with a map of the land that is subject to the planning obligation.
There is no fee associated with the application, however, the applicant will be responsible for legal costs associated with a subsequent deed of variation if the Council is agreeable to the application.
Next steps
Once the application has been received it will be determined within 8 weeks unless an extended period is agreed.
We may decide that:
- that the planning obligation shall continue to have effect without modification;
- if the obligation no longer serves a useful purpose, that it shall be discharged; or
- if the obligation continues to serve a useful purpose, but would serve that purpose equally well if it had effect subject to the modifications specified in the application, that it shall have effect subject to those modifications.
There are 4 essential questions we will consider when determining your application:
- what is the current obligation?
- what purpose does it fulfil?
- is it a useful purpose? and if so,
- would the obligation serve that purpose equally well if it had effect subject to the proposed modifications?
Section 106A involves a precise and specific statutory test and does not bring in the full range of planning considerations involved, for example, in an ordinary decision on the grant or refusal of planning permission.
If we refuse an application
Applicants have a right of appeal against a decision by the Council to refuse a Section 106A application. These provisions are set out in Section 106B of the Act.
The right of appeal applies only where the planning obligation is at least 5 years old.