Schedule 18, Part 2, paragraph 9(2)

In considering whether to exercise its power under paragraph 6(1) or 7(1), the matters to which the Upper Tribunal is to have regard include— whether there has been any material change of circumstance since the making of the original agreement, in particular— change in the character of the land to which the obligation relates or of the neighbourhood of that land; change affecting the enjoyment of the land to which the obligation relates; change affecting the extent to which performance of the obligation is, or is likely in future to be, affordable; change affecting the extent to which performance of the obligation is, or is likely in future to be, practicable; whether the obligation serves any conservation purpose it had— as the case may be; and when the original agreement was entered into, or if the obligation has since been modified (whether by agreement or by the Upper Tribunal), when the obligation was modified, whether the obligation serves the public good.

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Source: legislation.gov.uk · retrieved 2026-07-30