The guidelines also state that “delays may be time-limited or related to the government`s broader legislative approach and the removal of CIL relief… Although, in this case, we encourage the use of a return stop date. The government encourages local planning authorities to take a “pragmatic and proportionate approach to the implementation of Section 106 planning obligations during this period” to help remove barriers faced by proponents and minimize site shutdowns. Section 106 agreements are generally concluded as a result of a decision that, by a local planning authority, issues building permits to mitigate the impact of new developments and contains provisions to secure infrastructure on and off the site, financial contributions and other mitigation measures. If you want to change a s106 agreement, you must first think about how long it will last. If the s106 agreement was reached less than five years ago, an agreement must be reached between the parties. If more than five years have passed, an application can be made to the local planning authority. “Planning obligations in the form of Section 106 and section 278 agreements should only be used if unacceptable effects cannot be remedied by a planning condition.” Although the application procedure applies to s106 agreements that have been concluded for at least five years, it avoids the requirement for all parties to sign an amendment. This can be a problem, although the developer and local planning authority can agree on the conditions for a change. Section 106A (5) expressly provides that an application to amend the s106 (3) agreement under s106 does not provide for an amendment imposing an obligation on another person subject to the agreement s106. “There is more flexibility in Section 106 of planning obligations than CIL. When carrying out a planning obligation, such as the .
B of a financial contribution, is triggered during this period, the local authorities are asked to consider whether it is appropriate to allow the promoter to postpone the delivery.” If you would like advice or assistance in amending or unloading an agreement in accordance with Section 106, please contact us and we will be happy to help. An application to amend or discharge the s106 agreement may be submitted to the local planning authority after the expiry of the “relevant period” and the “relevant period” is defined as five years since the beginning of the date the S106 agreement was concluded.