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Modified: 20-Mar-2008

Guidance Notes for Making a Modification or Discharge of Planning Obligation Appeal

  1. An appeal to modify or discharge a planning obligation can only be made if the planning obligation was entered into on or after 25 October 1991 and has been in place for at least five years.
  2. Our booklet 'Making your planning appeal' explains the procedures involved in making an appeal against the refusal of planning permission. Most of the advice applies equally to modification or discharge of planning obligation appeals. Please read it and these notes carefully before completing the appeal forms.
  3. Each appeal must relate to only one application. The right of appeal is available to any person against whom a planning obligation is enforceable. This includes the original covenantor and anyone acquiring an interest in the land from them.
  4. Remember that an appeal must reach the Inspectorate within 6 months from the date of the notice of the local planning authority's (LPA) decision, or within 6 months of the date by which they should have decided the application.

NOTE - The 'Modification or discharge of planning obligations' appeal form cannot be used for any other type of appeal. If you wish to submit an appeal in respect of an application for planning permission or listed building/conservation area consent, the appropriate forms can be obtained from our website or the address below:

The Planning Inspectorate
Customer Support Unit
Room 3/15 Eagle Wing
Temple Quay House
2 The Square
Temple Quay
Bristol
BS1 6PN

Telephone: 0117 372 6372
Fax: 0117 372 8782

Email: enquiries@planning-inspectorate.gsi.gov.uk