Dear Mr and Mrs Griffiths

Yours is an appeal which seeks the discharge of a planning obligation dated 6 November 
2013.

As you can see below, the local planning authority (Lpa) has approached us to enquire 
whether the appeal is valid.

The legislative background that underpins applications of this type is contained in s106A of 
The Town and Country Planning Act 1990.  For ease of reference I have paraphrased s106A 
below.

Modification and discharge of planning obligations.

(1) A planning obligation may not be modified or discharged except—

(a) by agreement between the person or persons against whom the obligation is 
enforceable; or.

(b) in accordance with this section and section 106B.


(3) A person against whom a planning obligation is enforceable may, at any time after the 
expiry of the relevant period, apply to the appropriate authority for the obligation—.

(a) to have effect subject to such modifications as may be specified in the application; or.

(b) to be discharged.
.

(4) In subsection (3) “the relevant period” means—.

(a) such period as may be prescribed; or.

(b) if no period is prescribed, the period of five years beginning with the date on 
which the obligation is entered into.

In effect this means that it is open to persons against whom the obligation is enforceable to 
apply to the Lpa at any time to seek agreement to modify or discharge the obligation and if 
such agreement is forthcoming it may be dealt with by means of a Deed of 
Variation.    However, if agreement is not forthcoming (as in this instance) it is not possible 
to activate the appeal process (set out in s106B) unless the obligation has been in place for 
a minimum period of 5 years.   In this case that period does not commence until 6 
November 2018.

In the circumstances I regret that the Inspectorate is unable to further proceed with your 
appeal and can take no further action on the matter.   I am very sorry that we did not 
identify this at a much earlier stage and sincerely apologise for the inconvenience caused.

John Norville
Planning Inspectorate 



From: Tim Rogers [mailto:tim.rogers@shropshire.gov.uk]  
Sent: 01 September 2017 13:55 
To: West 2 
Cc: Jane Raymond; Celia Kilgannon 
Subject: Appeal ref APP/L3245/Q/17/3177704

Dear Sirs,

I refer to the above appeal and would appreciate if you could re-check that the appeal is definitely valid.

It is my understanding that until a S106 Agreement is over 5yrs old, it is only possible to make a request 
to vary or discharge to the relevant local authority not an application, and accordingly (notwithstanding 
in what form the decision is issued) there is no right of appeal to yourselves.

I would be grateful to your response to this enquiry as soon as possible.

Kind regards,

Tim Rogers
Area Planning Manager– Shropshire Council 
Email – tim.rogers@shropshire.gov.uk 
Tel – 01743 258773
Web: www.shropshire.gov.uk