The s.106A statutory route
s.106A of the 1990 Act [TCPA 1990 s.106A] permits application after 5 years for modification or discharge of the obligation. The LPA may (a) discharge if the obligation no longer serves a useful purpose, (b) leave unmodified, or (c) modify so that it serves an equally useful purpose. The 5-year clock runs from the date the obligation was entered into, not the date of permission.
Evidence threshold
The LPA expects evidence that the obligation no longer serves a useful purpose: independent appraisal of viability, market evidence, occupancy data, or change of circumstance. The Planning Inspectorate applies the same test on appeal under s.106B[TCPA 1990 s.106B].
Appeal route
If the LPA refuses, s.106B provides the appeal route to the Planning Inspectorate. The Inspector applies the same useful-purpose test as the LPA and may impose modifications of their own. The decision is binding subject only to judicial review.
Deed of variation as alternative
Where the LPA is amenable, a deed of variation negotiated outside the statutory route is the faster path. The deed of variation does not need the 5-year clock and avoids the formal modification application. The trade-off is LPA discretion: the council can decline to negotiate, leaving the s.106A route as the only option.