S.L. 552.4 Art. 5Modifications and discharge of planning obligations.

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

(a) by agreement between the Authority and the person on whom such obligation is enforceable; or

(b) in accordance with the following subregulations.

(2) A person on whom a planning obligation is enforceable may, after the expiry of the relevant period, apply to the Authority for the obligation:

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

(b) to be discharged.

(3) An application under subregulation (2)(a) may not specify a modification imposing a condition or obligation on any other person against whom the obligation is also enforceable.

(4) An application under subregulation (2) shall be made on a form as the Authority may from time to time specify.

(5) Where such an application is made to the Authority, the Authority may determine:

(a) that the obligation shall continue to have effect without modification; or

(b) that the obligation shall be discharged if it no longer serves a useful purpose; or

(c) that the obligation shall continue to have effect subject to the modifications requested in the application, if such obligation continues equally to serve a useful purpose subject to such modifications.

(6) Such determination shall be notified to the applicant within three months from the date that the Authority is notified with such an application.

(7) Where the Authority determines that a planning obligation shall have effect subject to modifications specified in the application, the obligation as modified shall be enforceable as if it had been entered into on the date on which notice of the determination was given to applicant.