Section 106A of the Town and Country Planning Act
1990 enables two methods of modifying or discharging a planning
obligation, namely:
1.by agreement pursuant to s106A(1)(a); or
2.by the application of a liable person to the
enforcing local planning authority after 5 years from the date
of the planning obligation pursuant to s106A(1)(b).
Para (2) states that "An agreement falling
within subsection (1)(a) shall not be entered into except by an
instrument executed as a deed".
However, neither the Act nor the 1992 Regulations
say that an application submitted pursuant to para (3) may only
be approved by the local planning authority once a deed has been
entered into.
My question is whether a local planning authority
may simply approve a section 106 A application to modify or
discharge an old agreement without the need for a deed.
Thanks, James
