How do I cancel a Section 106 agreement?
unfortunately, where a local authority is able to cite legitimate policy grounds for refusing consent to remove a s106 obligation, a s106 obligation cannot be removed unilaterally.
How do I change my Section 106 Agreement?
When seeking to make a variation of an s106 agreement, you should first consider how long it has been in place. If the s106 agreement was entered is less than five years ago, an agreement between the parties must be sought. If more than five years has passed, an application can be made to the local planning authority.
How long do s106 agreements last?
Under the Planning Act s106 (A) a person bound by the obligation can seek to have the obligation modified or discharged after five years.
What is a section 106 local occupancy restriction?
The term ‘Section 106 Agreement’ refers to Section 106 of the Town and Country Planning Act 1990. It is a legally binding contract that allows the local planning authority to create a restriction or obligation that is associated with the granting of planning permission.
What is a section 106 agreement affordable housing?
Section 106 agreements derive from the Town and Country Planning Act 1990. They are legal agreements between a planning authority and the planning applicant, which ensure that the applicant’s proposed development will also benefit the local community.
How does Section 106 work for affordable housing?
Section 106 (s106) is the system by which councils extract contributions from developers via the planning system to pay for local infrastructure and affordable housing that mitigates the impact of the scheme on existing residents of an area.
What happens if I have a section 106 occupancy restriction?
If you have a Section 106 restricting the occupancy of a separate building as ancillary use to the main dwelling the agreement has to meet legal and national policy tests. If you have an agricultural occupancy restriction or tie we can also help you. Fisheries a speciality.
Which is an example of a section 106 agreement?
Payments for, or the provision of, for example, open space, community facilities, GP surgeries etc. are often secured by a section 106 agreement. Under the new regime, these could only be secured by the IL.
Where can I get a copy of Section 106?
If you do not have a copy of the document yourself, you can obtain a copy from the local authority and indeed in many cases, copies are available online using the local authority’s planning website