S106 §1:100 · timeline

Modification timeline and cost

Reviewed by Chartered Planner (MRTPI) and Chartered Surveyor (MRICS) · 2026-06-21
Direct answer · 53 words
A typical s.106A application runs 6 to 18 months from application to decision (longer on appeal). Cost is dominated by consultant fees: chartered planner, surveyor and, where contested, counsel. LPA application fees are modest; the appeal route via the Planning Inspectorate carries its own consultant load and a 4 to 9 month additional timeline.

Typical timeline

StageTypical period
Pre-application4 to 8 weeks
s.106A application + LPA determination8 to 16 weeks
s.106B appeal lodged + Inspector decision4 to 9 months (where appealed)
Deed of variation execution2 to 4 weeks once agreed

Cost components

Appeal route cost

The Planning Inspectorate s.106B appeal [TCPA 1990 s.106B]is determined either by written representations, hearing or inquiry. Inquiry-route appeals carry materially higher costs because of counsel and witness preparation. Costs awards are available where the LPA has acted unreasonably; the procedural test is exacting.

Deed of variation as cost-controlled alternative

Where the LPA agrees to negotiate, a deed of variation is materially cheaper because it avoids the statutory application timeline and the appeal-route risk. The risk is LPA discretion: the council can decline to negotiate at any point.

S106 §1:50 · related

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