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Application for the modification or discharge of planning obligation

The application to the local planning authority should be made in writing. There is no prescribed form for these purposes. The application should identify the address or location of the land to which the obligation relates and state the nature of the applicant's interest in the land. It should include a status report on the progress of the development. The application should include a copy of the original Section 106 agreement.

In all cases, applicants should submit evidence that the affordable housing element of the existing Section 106 agreement means that the scheme is unviable, and include a proposal for the maximum level of affordable housing consistent with viability and the optimum mix of provision. This should clearly identify the nature and form of the proposed change. Evidence, including that provided for the original Section 106 agreement, should be provided in accordance with this Guidance to support the application.

The applicant must provide evidence that all signatories to the Section 106 agreement have been notified of the application. Where it is not possible for all of the signatories to be notified, the applicant must publicise the application in the local area.

In order to help us progress this application it would also be useful if you advise as to which solicitors will be dealing with this matter on your clients behalf and that you are in principle happy to pay the Councils legal charges incurred in dealing with this matter.

NB: if at registration, it appears to us, we may need more than the defined 28 day period to deal with this matter, we will formally request an extension of time.

Updated: 11 Mar 2015
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