Vary or Modify a Section 106 Agreement

A S.106 Planning Obligation may be changed, via a Deed of Variation.  The nature of the request will depend on when the agreement was original signed.

From the 1st April 2024, the administration fee has increased to £220 in addition to the charges levied by Legal Services.  Payment can be made by telephoning 01255 686190

Links to the Application Forms and Notice are below and the application form should be emailed to dcadmin.planning@tendringdc.gov.uk(link sends e-mail)

Submission of a request to amend or vary a S.106 Agreement:

1. Within 5 years of the date of the completion of the obligation, by agreement between Tendring District Council and the person, or persons, against whom the obligation is enforceable.

The primary legislation for this option is The Town & Country Planning Act 1990.

Application form - within 5 years

2. After 5 years from the date the obligation was legally completed (or a later date if specified in the obligation itself), the appropriate Notice must be given for the application to be valid.

Once accepted as a valid application, there is a time limit of 8 weeks for the application to be decided.

The primary legislation for this option is The Town & Country Planning (Modification and Discharge of Planning Obligations) Regulations 1992.

Application form - over 5 years

Notice