ABSTRACT
Section 106(4) (as set out above in para 15.4) allows any person against whom a planning obligation is enforceable to apply for the obligation to be modified or discharged. On receipt of such an application the local planning authority may determine: 1 that the planning obligation shall continue to have effect without
modification; or 2 if it no longer serves a useful purpose it shall be discharged; or 3 if it continues to serve a useful purpose, but would serve that purpose
equally well subject to the modifications specified in the application, it shall continue to have effect subject to those modifications.
