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 £225.

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):

• Application form - within 5 years - PDF version
• Application form - within 5 years - Word version

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

• Application form - over 5 years - PDF version
• Application form - over 5 years - Word version

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.

• DOV over 5 years Notice - PDF version
• DOV over 5 years Notice - Word version

Local Validation Requirements

Your Deed of Variation request will need to accompanied by:

• A completed application form (DOVU5 or DOVO5 as appropriate – links above).
• A statement explaining the proposed amendments and reasons for the change, including reference to any relevant national and Local Plan Policies.
• Confirmation from the Obligations Team on the obligations discharged on the original s106 to date.
• Copy of the relevant original Legal Agreement.
• Copy of any subsequent Deed of Variation(s) where relevant.
• Completed land ownership notice (for DOVO5 only).
• Up-to-date Title Documents.
• Any relevant plans or documents that need to be amended as part of the variation (for example if the proposed DOV also triggers an amendment to a plan appended to the original S106 or any subsequent DOVs).
• The appropriate admin fee (and review fee, if applicable to this application). Where appropriate (drafting fees) Legal Services will invoice for their fees.
• FOR DRAFTING REQUESTS - Draft DOV provided as a Word document to allow for track changes and comments by the Council’s Solicitor when reviewing

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