Amending or Varying a S106 Agreement

A Section 106 planning obligation may be changed (Deed of Modification) or removed in two ways:

• Within five years: By mutual agreement between the council and the person(s) bound by the obligation.
• After five years: A formal application can be made to modify or discharge the obligation.

If you request a modification within five years, you will need to set out reason why this is necessary to us.

A formal application is required in both cases. The council will determine the application as follows:

• If the obligation is no longer necessary, it may be discharged.
• If the obligation is still needed but can be modified, the council may agree to the modification.
• If the obligation is still serves a useful purpose, the request may be refused.

Application and Fees

• Download the Deed of Variation or Modification of a S106 Planning Obligation form (PDF, 372KB)
• Application fee: £234.00 (plus legal fees)