Planning obligations

Approval of details under obligation

Sometimes the planning agreement contains obligations for  minor scheme details to be submitted/discharged/approved prior to a particular trigger point. For example, to obtain approval for an open space scheme, play area or an affordable housing scheme. 

It would help us if you could submit the required details using our 'AOO' application form [docx] 50KB with a covering letter, even if you think the details have already been approved as part of a planning permission.  Please do not commence development until you have received a letter from us to confirm that the details submitted are acceptable.

This application process is only for obligations under Arun District Council authority, to aid our processing and monitoring, it does not provide a legal discharge of the obligation, which can only be completed with a Deed of Discharge under Section 106A, the process for which is more time consuming.  However, if you still wish to obtain a formal deed of discharge, when the s106 is fully complied with, then please refer to the paragraph below on how to apply for 'modification or discharge of planning obligations'. 

Please contact West Sussex County Council via planning@westsussex.gov.uk  for any obligation details that are required to be approved by the county council.

Modification or discharge of planning obligations under s106

In some circumstances a s106 agreement can be varied or discharged by either:

  • negotiation
  • making a formal application to us where the s106 agreement is more than 5 years old

There are no costs to make either request for variation but you may be charged a legal fee.

If the variation has been negotiated with us, then a Deed of Variation will be required to be entered into and a legal fee will be charged. This fee is to cover the costs of preparing and completing the new deed. We will tell you the approximate cost of this when the Deed of Variation is being prepared. You will have to pay the legal costs before completion of deed.

If the modification has not been agreed in principle, a formal application can be submitted 5 years after the date of the s106 to determine whether the proposed modification or discharge can be allowed. A deed of variation may be required alongside the application.

To apply for either type of modification please complete the application to modify or discharge planning obligation[docx] 49KB.

Please note: for getting certain details approved as required under an obligation (where it does not need a planning permission in its own right) please use this form - approval of details under obligation.