When and how you can appeal a modification or discharge of planning obligation application (S106).

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9 January 2019
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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 1990.

Appeals to modify or discharge a planning obligation are S106B Appeals.

You can appeal a decision if

  • you disagree with it
  • a decision wasn’t made within the specified time limit

How to appeal

Make your appeal to the Planning Inspectorate

The S106B process follows the principle of the appeals regulations 2017

You can post or email your appeal form and documents to the Planning Inspectorate.

The Planning Inspectorate
Crown Buildings

Cathays Park
Cardiff
CF10 3NQ

Wales@planninginspectorate.gov.uk

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.

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 14 weeks of the Planning Inspectorate starting your appeal.

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, for example 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.

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.