Modify or vary a s106 agreement
Proposals to vary s106 agreements will usually form part of an application to make s73 minor material amendments to an existing planning permission. This page provides guidance on varying a s106 agreement outside of a s73 application.
If instead you need to submit an application to approve details required by a s106 agreement, please see our guidance for submitting details relating to a section 106 agreement.
A s106 planning obligation may be modified or discharged in two ways.
- For agreements signed within the last 5 years - you may apply to modify the obligation only by mutual consent under Section 106A(1)(a) of the Town and Country Planning Act 1990.
- For agreements signed more than 5 years ago - you may also apply to modify the obligation under Section 106A(3) of the Town and Country Planning Act 1990.
Get pre-application advice
If you wish to modify or vary a s106 agreement, we strongly encourage you to seek advice first through our Pre-Application Planning Advice Service.
The relevant pre-application category is Deed of Variation.
Make an application
To apply to modify or vary a s106 agreement, please complete our application form for the modification or discharge of planning obligations (PDF 974KB). Please ensure you read the included guidance notes when filling out the form.
You will need to confirm whether the application is made under s106A(1)(a) or s106A(3) of the Town and Country Planning Act 1990.
You will be required to provide the following supporting document.
- Copy of the relevant original s106 deed
- Site location plan (with the site outlined in red)
- Copy of any other plans or documents required to support your application
- Certificate confirming the relevant notices have been served by the applicant (for s106A(3) applications only)
Applications should be submitted to planning@lambeth.gov.uk.
Further guidance is available in our Local Information Requirements 2024 (PDF 1.7MB).
What happens next
Once your application is validated, a planning case officer will be allocated.
If the proposed variation is supported, the planning team will advise you of any legal fees related to drafting and executing the Deed of Variation.