Application to Modify or Discharge a Planning Agreement
Guidance Notes for Applicants
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 to” means 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.