Q&As

Can a local planning authority enter into a deed of variation under section 106A of the Town and Country Planning Act 1990 with itself as landowner?

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Published on LexisPSL on 11/12/2020

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • Can a local planning authority enter into a deed of variation under section 106A of the Town and Country Planning Act 1990 with itself as landowner?

Can a local planning authority enter into a deed of variation under section 106A of the Town and Country Planning Act 1990 with itself as landowner?

Section 106A of the Town and Country Planning Act 1990 (TCPA 1990) provides that a planning obligation may not be modified except by agreement executed as a deed between the local planning authority (LPA) and the person against whom the obligation is enforceable.

Whether an LPA can enter into a deed of variation under TCPA 1990, s 106A with itself as landowner depends on what the original planning obligation, and the deed of variation,

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