Guide to appealing against a decision on an application to modify or discharge a planning obligation (S106)
1. When you can appeal
The local planning authority makes decisions on applications to modify or discharge planning obligations under S106 of the Town and Country Planning Act (TCPA) 1990.
Appeals to modify or discharge a planning obligation are known as S106B Appeals.
Appeals to modify or discharge a planning obligation that contains an affordable housing requirement appeals are known as S106BC appeals.
You can appeal a decision if either:
- you disagree with it
- a decision wasn’t made within the specified time limit
2. How to appeal
The S106B process follows the spirit of the planning appeals rules and regulations
3. Comment on an appeal
Anyone can comment on a S106B appeal.
The local planning authority must tell anyone who has commented on the original application (‘interested parties’) that there’s an appeal and the deadline for making comments.
The Planning Inspectorate will decide which parties can make representations on S106BC appeals.
4. After you appeal
The Planning Inspectorate will check your appeal to make sure it’s valid. They’ll tell you what happens next and how long your appeal may take.
The Planning Inspectorate will then consider your appeal. You’ll normally get a decision within 13 weeks, but it can take longer.
If anyone behaves unreasonably
You can apply for an ‘award of costs’ if anyone involved in your appeal has cost you money by behaving unreasonably, eg missing deadlines. You can have costs awarded against you too.
You can complain about how the Planning Inspectorate handled your appeal. There’s no time limit for complaints.
5. If you disagree with the appeal decision
You can challenge the decision in the High Court if you think the Planning Inspectorate made a legal mistake.
Get advice from a lawyer if you’re unsure about this.