Section 106 Agreement Discharge

In this book, we examine the requirements of a valid Section 106 agreement and the underlying political context. Every day we also look at practical questions about how to resolve the content of agreements and how to resolve certain issues. Finally, we address the issue of the application of obligations in the event of non-compliance. The NPPG notes in paragraph 23b-020 that a planning obligation ». can be renegotiated at any time if the local planning authority and the developer so wish », then, curiously, despite the date of 15 March 2019, that where there is no voluntary renegotiation agreement, an application can be submitted if « the planning obligation is prior to April 2010 or more than 5 years » (addition). This is an obsolete reference or recognition of the Amendment and Discharge Regulations 1992(1992) which allowed: amendment applications or planning obligations in England received before 6 April 2010, so that the five-year moratorium was lifted on that date. Of course, it doesn`t make sense anymore. Section 106 of the Town & Country Planning Act 1990 provides that a local planning authority may enter into an agreement with any person interested in land in its territory to limit or regulate its development or use. An agreement within the meaning of Article 106 is a contract of engagement concluded between a real estate developer, a landowner and a local planning authority. In the case, it was an article 106 agreement entered into in the context of residential construction. The agreement included an obligation to provide affordable housing on site or, if that is not possible, a set of money. Problems of interpretation arose because the agreement stipulated that the amount of the shuttle was calculated by reference to the social housing subsidy, as was the case in 2003, when the agreement was concluded. The drafts rapporteurs had envisaged that the subsidy for social housing could be modified to some extent, but did not expect a complete change in the subsidy system.

Section 106A(11) of the 1990 Act provides that a planning obligation may be modified or fulfilled (at any time) by an agreement between the competent authority and the person or person against whom it is enforceable. The competent authority is the Mayor of London (if the planning obligation is applicable by him), the Secretary of State (if it is an authorisation requirement) and the local planning authority (in all other cases). . . .

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