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Form MDA1
Application to Modify or Discharge a Planning Agreement
Guidance Notes for Applicants
Introduction
Section 77 of the Planning Act (Northern Ireland) 2011 provides that a planning agreement may be
modified or discharged by agreement between the parties at the end of the period of five years,
beginning with the date the agreement was entered into.
After the expiry of five years, an application for modification or discharge can be made. The
Council, or as the case may be, the Department upon receipt of such an application will either
decide that the planning agreement should continue to have effect without modification, discharge
the agreement, or modify the agreement.
Where the Council, or as the case may be, the Department has failed to respond to an application
within the appropriate time limits or has refused to modify or discharge an agreement, there is a
right of appeal to the Planning Appeals Commission.
This form is to be used for the modification or discharge of a Planning Agreement made under
Section 77 of the Planning Act (Northern Ireland) 2011. The following guidance notes are in the
same order as the questions on the form.
1. Applicant/Agent Details
The applicant is the name of the person for whom the application is being made. If you are using an
agent to submit this application, all future correspondence will be with him / her.
2. Type of application
Please tick the relevant box and give exact details of your interest in the land.
3. Council Employee / Elected Member Interest
You must declare whether the applicant or agent is a member of the council’s staff, an elected
member of the Council or related to a member of staff or elected member of the Council.
Serving elected members or planning officers who submit their own planning applications should
play no part in their determination and such applications should be determined by the planning
committee rather than by planning officers under delegated powers.
For the purposes of this question, “related tomeans related by birth or otherwise closely enough
that a fair-minded and informed observer, having considered the facts, would conclude that there
was a real possibility of bias on the part of the decision-maker in the council.
4. Details of Agreement to be modified or discharged
Please complete as fully as possible, giving sufficient information to allow the Council, or as the
case may be, the Department to identify the existing Agreement.
5. Reasons for applying for modification/discharge of the Agreement
Section (a) should only be completed where the application relates to
modification of an agreement.
Full details of the modifications that are being applied for should be given. You should note that the
Council, or as the case may be the Department, can only consider and approve the modifications
as stated in the application form.
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Reasons for applying for either modification or discharge of an agreement should be given in full in
section (b) - continue on a separate sheet if necessary.
6. Requirements
To avoid any delay in processing your application, please make sure that the form is properly
completed and signed. Photocopies are acceptable as long as they are clear. The application must
be accompanied by 6 copies of a site location map showing the land to which the agreement relates
edged in red.
7. Declaration
Please ensure the application forms are signed and dated.
Certificate of Compliance
The applicant is required to give notice of the application to any other person against whom, on the
day 21 days before the date of this application, the agreement is enforceable. You must take
reasonable steps to find out the name and address of such person(s).
Where the names and addresses of all such persons are not known the applicant must, during the
21 day period immediately preceding this application, publish a notice in the newspaper. The form
and content of the notice to be published in the paper or served on the person(s) mentioned above
is prescribed in Regulation 3 of the Planning (Modification and Discharge of Planning Agreements)
Regulations (Northern Ireland) 2015.
Consultation
On receipt of an application to modify or discharge a planning agreement made to the Department,
the Department is required by legislation to consult with the appropriate Council for the area. Details
of your application will be forwarded to the relevant Council and they will be given 4 weeks within
which to comment. No recommendation can be made by the Department until this 4 week
consultation period has expired.
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Form MDA1
Application to Modify or Discharge a Planning Agreement
This form is to be used only for modification or discharge of a Planning Agreement made under Section 77 of
the Planning Act (Northern Ireland) 2011.
Please read the accompanying notes to help you complete this form.
Please complete in BLOCK LETTERS.
Please note that when you submit a planning application the information, including plans, maps and drawings,
will appear on the Planning Register which is publicly available and, along with other associated
documentation (with the exception of personal telephone numbers, email addresses or sensitive personal
data), will also be published on the Planning Portal through the Public Access Portal (
www.planningni.gov.uk).
1 a. Applicant’s name and address 1 b. Agent’s name and address (if any)
Name: Name:
Address: Address:
Town: Town:
Postcode: Postcode:
Tel: Tel:
Ref. No.:
Type of Application
2 a. Are you applying to:
please tick
Modify a planning agreement
Discharge a planning agreement
2 b. Nature of the Applicant’s interest in the land
3. Council Employee / Elected Member Interest
Are you / the applicant / applicant’s spouse or partner, a member of staff within the council or an elected
member of the council?
Yes No
Or are you / the applicant / the applicant’s spouse or partner, a relative of a member of staff in the council
or an elected member of the council or their spouse or partner?
Yes No
If you have answered yes, please provide details (name, relationship and role):
4. Certificate of Ownership
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Details of Agreement to be modified or discharged
4 a. Address or location of the land to which the Agreement relates:
4 b. Date on which Agreement was entered into: 4 c. Planning application reference:
4 d. Description of Agreement:
5 a. Please state the clauses you wish to be modified (application for modification only)
5 b. Reasons for applying for modifications / discharge of the Agreement:
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6. Requirements
4 copies of this form, all duty signed and dated. Photocopies of the original are acceptable.
4 copies of a location plan to 1:2500 or 1:1250 scale, clearly identifying the land to which the
agreement relates
4 copies of such other plans / drawings / submissions necessary to describe or illustrate the reasons
for the request to modify or discharge the Agreement.
4 copies of the attached Certificate of Compliance fully completed.
7. Declaration
I / We apply to modify / discharge a Planning Agreement made under Section 77 of the Planning Act
(Northern Ireland) Order 2011.
Signed _____________________________________ Date ________________
On behalf of (if applicable) ___________________________________________________
Please send your completed application and correct fee to the appropriate local Planning Office.
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signature
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Certificate of Compliance
with the notification requirements set out in Regulation 3 of the Planning (Modification and
Discharge of Planning Agreements) Regulations (Northern Ireland) 2015
Certificate A
I certify that on the day 21 days before the date of the accompanying application, the planning agreement to
which the application relates was enforceable against no person other than the applicant.
Signature of applicant or agent ______________________________________________
Date ______________________________________________
Certificate B
I certify that the applicant has given notice to each person against whom, on the day 21 days before the date
of the accompanying application, the planning agreement to which the application relates was enforceable as
listed below (continue on a separate page if necessary).
Address at which notice was served
Date on which
notice was served
Signature of applicant or agent ______________________________________________
Date ______________________________________________
Certificate C
I certify that:
- the applicant cannot issue a Certificate A or B in respect of the accompanying application;
- ** the applicant has given notice to the persons listed below, being persons against whom, on the
day 21 days before the date of the application, the planning agreement to which the application
relates was enforceable (continue on a separate page if necessary);
Address at which notice was served
Date on which
notice was served
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signature
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signature
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- The applicant has taken reasonable steps to ascertain the name and address of every person
against whom, on the day 21 days before the date of the application, the planning agreement to
which the application relates was enforceable and who has not been given notice of the application
but has been unable to do so. The steps taken were as follows:
(insert description of steps taken)
- Notice of the application as attached to this certificate, has been published in the
(name of newspaper) (date of publication)
on
** Delete as appropriate
Signature of applicant or agent ______________________________________________
Date ______________________________________________
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signature
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