Statutory test
s.106A(3)(a) [TCPA 1990 s.106A] permits discharge where the obligation no longer serves a useful purpose. The phrase is broad and is interpreted by reference to the obligation's original purpose: if the underlying need has gone (a planned highways scheme cancelled, an open-space need met by adjacent delivery), the obligation may be discharged.
Evidence the LPA expects
- Independent valuation evidence (RICS surveyor).
- Market evidence of comparable schemes and viability shifts.
- Occupancy / sales data where the obligation is occupancy-triggered.
- Statement of original purpose and demonstration that the purpose is no longer served.
Discharge versus modification
Discharge removes the obligation; modification varies its terms. Where partial relief is sufficient (e.g. reducing a £/dwelling commuted sum), modification is the cleaner route. Discharge applications failing the useful-purpose test occasionally succeed on appeal where the Inspector finds the LPA over-applied the test.
Decision period and appeal window
The LPA must determine within 8 weeks under PPG procedural guidance[PPG Planning Obligations]. Refusal triggers a 6-month s.106B appeal window [TCPA 1990 s.106B]. Costs awards on s.106B appeals follow the standard Planning Inspectorate rules.