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Vary or Modify a Section 106 Agreement (DOV)

A Section 106 Legal Agreement (S106) planning obligation may be changed, via a Deed of Variation (DOV). For example, amending the timing of when a contribution needs to be paid.

The power to enter into a DOV is set out within Section 106A of the Town & Country Planning Act 1990 (as amended).

DOVs can only be entered into by agreement between Tendring District Council and the person, or persons, against whom the obligation is enforceable.

The Fees

Admin Fees:

Administration fees £220 (correct at April 2024).

Payment can be made by telephoning 01255 686190.

(We are working hard to make online payments possible – apologies for the inconvenience).

Legal Fees:

In addition to the admin fee above, there will be a legal fee required for the agreement and completion of the DOV.

When officers send the DOV instruction to Legal Services, an estimate of the legal fees required for the completion of the DOV will be provided by the Council’s Solicitor. These will be sent to your appointed solicitor or planning agent.

You will be invoiced by Legal Services once the DOV is agreed. The invoice will include details of how to pay.

Once payment is received, the DOV will proceed to completion and you will receive written confirmation.

Deed of Variation Application

The type of the application you require will depend on when the agreement was originally signed, as follows:

1. Within 5 years of the date the agreement was originally signed (DOVU5):

2. After 5 years of the date the agreement was originally signed (DOVO5):

As well as the application form, you must also provide a confirmation that you have given notice to the relevant parties. Notice must be given and a copy provided for the application to be valid.

When will my DOV be completed:

Once accepted as a valid application, there is a time limit of 8 weeks for the application to be decided. However, the complexity of the application may result in a longer completion time. If this is the case, the officer will issue an extension of time request for your agreement.

Submit to:

Please submit your application via email to:

dcadmin.planning@tendringdc.gov.uk(link sends e-mail)

Or via post to:

Planning Services, Town Hall, Station Road, Clacton-on-Sea, Essex, CO15 1SE

Contact

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