A Section 106 agreement may be changed through a deed of variation in two ways depending on the time passed since the date of the agreement.
Within 5 Years
A deed of variation application can only be considered if EHDC and the person(s) to which the obligation within the agreement is enforceable against are in agreement to any variation.
This should be discussed prior to any application.
To request a variation to a Section 106 agreement, please either complete the application form below or provide a covering letter detailing the proposed variation and why it is sought.
There are fees associated with this service.
| Administrative fees | Monitoring fees | Legal fees |
| £317.00 | £403.00 | Variable |
These fees are adopted within EHDC’s fees and charges.
A variation within 5 years of the original agreement must adhere to The Town and Country Planning Act 1990 (as amended).
Please see Section 106A of the act for details.
After 5 Years
After 5 years of the date of a completed agreement, a party of the Section 106 agreement or anybody to which an obligation is enforceable against (i.e a Management Company) can apply to EHDC to have part of the section 106 agreement either;
- Modified in line with a request made or
- Discharged so that the relevant part of the agreement no longer has affect.
To request this variation, the relevant application form must be submitted and it must include all of the items listed within the form.
There are fees associated with this service.
| Administrative fees | Monitoring fees | Legal fees |
| £317.00 | £403.00 | Variable |
A variation after 5 years of the original agreement must be made in line with The Town and Country Planning (Modification and Discharge of Planning Obligations) Regulations 1992.
Please see Regulation 3 and Regulation 4 for further details.
Appeals
Where a decision is not received within 8 weeks of the application being received and valid, an applicant can appeal to the Planning Inspectorate for non-determination.
Where a decision is made to not modify the agreement, the applicant can appeal to the planning inspectorate against the decision within 6 months of the date of the decision notice.
Submission of application
To submit an application, please submit your application to planningdev@easthants.gov.uk with all the required information. If the information is not provided, your application will not be passed to an officer without it.
Should you wish to discuss your proposal with an officer prior to submission, please see the planning pre-application page.
Within five years
After five years