Town & Country Planning Act 1990 Navigator

Section 106 Agreement Calculator

Navigate Section 106A formal modification procedures, the 5-year statutory review threshold, Deeds of Variation, and Mortgagee Exclusion Clause (MEC) lender requirements.

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Agreement Execution Date (Section 106A 5-Year Rule)

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Obligation Values & Lender Clause Audit

Recommended Statutory Legal Pathway

Formal Statutory Application under Section 106A TCPA 1990

Statutory 5-Year Threshold:✅ Satisfied (Formal S106A)
Council Decision Window:Statutory 8-Week Determination Window
Planning Inspectorate Appeal:✅ Section 106B Appeal Available
Lender Security (MEC):⚠️ Requires Deed of Variation

Because your agreement is 7 years old (exceeding the statutory 5-year threshold under Section 106A(4)(b)), you have a statutory right to make a formal application to modify or discharge the obligation. The LPA must determine within 8 weeks. If refused or not decided in time, you have an immediate statutory right of appeal to the Planning Inspectorate under Section 106B.

Required Viability & Legal Submissions

Financial Viability Assessment (FVA)
RICS-compliant viability model demonstrating that residual land value falls below benchmark land value under current build costs.
Deed of Variation Drafting
Council legal costs undertaking required (typically £1,500–£3,500) alongside applicant solicitor fees.
Planning Obligations & Statutory Agreements

Section 106 & Infrastructure Levy Legal Guides

Official statutory guidance referencing the Town and Country Planning Act 1990, CIL Regulations 2010, and NPPF viability guidance.

All 300 Statutory Guides
planning.data.gov.uk

How Do I Find Planning Applications Near Me in the UK?

You can search current and recent planning applications near any UK address using our free Planning Applications Near Me tool, powered directly by official planning.data.gov.uk data. Simply enter your postcode to view approved, pending, and refused applications within 0.25, 0.5, or 1.0 mile of your property over the last 5 years.

Updated October 2026Read Guide
Town and Country Planning (Development Management Procedure) Order 2015

Can I Object to a Neighbour's Planning Application in the UK?

Yes. Anyone has the statutory right to object to any planning application during the 21-day public consultation period. However, planning officers and committees can only consider 'material planning considerations' such as loss of light, overlooking, overbearing scale, and traffic danger. Objections based on loss of property value or personal disputes are legally dismissed.

Updated October 2026Read Guide
Section 91

How Long Does Planning Permission Last in the UK?

Full planning permission in the UK typically lasts for 3 years from the date decision notice is issued. If you do not lawfully commence material operations on site within this 3-year window, the permission lapses permanently and you must submit a completely fresh planning application.

Updated October 2026Read Guide
Town and Country Planning (General Permitted Development) (England) Order 2015

What Is the Difference Between Permitted Development and Planning Permission?

Permitted Development Rights (PDR) are statutory rights granted by Parliament allowing homeowners to build extensions, loft conversions, and outbuildings within strict size limits without applying to the council. Full planning permission requires submitting architectural plans to the local council, which decides whether to grant or refuse permission based on local policies.

Updated October 2026Read Guide
Local Land Charges Act 1975

How to Find Out If a Property Has Planning Permission in the UK?

You can check if a property has planning permission by searching the local council's online planning register using the property address or postcode, reviewing the local authority search (CON29 / LLC1) during conveyancing, or ordering an official copy of the planning history from your Local Planning Authority.

Updated October 2026Read Guide
Town and Country Planning Act 1990 (Section 65)

Can You Apply for Planning Permission on Someone Else's Property in the UK?

Yes. In the UK, you do not need to own a property or plot of land to apply for planning permission on it. However, under Section 65 of the Town and Country Planning Act 1990 and Article 13 of the DMPO 2015, you must sign an Ownership Certificate and serve formal statutory notice (Certificate B) on all legal freeholders and long-leaseholders at least 21 days before submitting the application.

Updated October 2026Read Guide
Statutory Guidance & Reference

Section 106 Planning Agreements FAQs

Under Section 106A(4)(b) of the Town and Country Planning Act 1990, a formal statutory application to modify or discharge a planning obligation can only be made after the expiry of the 'relevant period', which is 5 years from the date the agreement was executed. Before the 5-year mark, an obligation can only be modified with the voluntary mutual consent of the Local Planning Authority via a Deed of Variation. After 5 years, if the LPA refuses or fails to determine a formal application within 8 weeks, the applicant has a statutory right of appeal to the Planning Inspectorate under Section 106B.