An S106 agreement is in principle a contract; as such, all unresolved obligations are replaced by the new building permit and the accompanying S106 agreement, while maintaining the obligations previously triggered. Previously, section 106A of the Planning Act 1990 provided that planning obligations could only be amended or fulfilled after a five-year period from the date of their settlement. A formal application had to be made to the local planning authority (CI-APRÈS, LPA), for which the proponent must demonstrate that the obligation was no longer “useful”. In the absence of such evidence, it was unlikely that the APA would meet or modify planning obligations adequately to overcome financial barriers to development profitability. Section 106 of the Town and Country Planning Act 1990 (TCPA 1990) allows a local planning authority (LPA) to be given a legally binding planning obligation with an owner or anyone intending to operate the land. Planning obligations are intended to make development planning acceptable and, subject to the drafting of the respective contracts, generally take effect only after a building permit has been granted. See exercise note: Implement planning permission. 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 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 agreement to amend or implement a planning obligation can be concluded at any time (and can only be concluded by the budget covered in Section 106A (2).

Therefore, a s106 agreement can be renegotiated and varied at any time between the parties. In the case of a Section 52 agreement or an old-style agreement (i.e., an agreement reached before October 25, 1991), the only option is to ask the Lands Tribunal for discharge or modification of a restrictive contract under Section 84 of the Property Act 1925. This procedure is not specifically focused on agreement planning. The regional court may lighten or amend a restrictive contract if the restriction is obsolete due to changes in the nature of the land or neighbourhood or other circumstances of the land; If its existence prevents a reasonable user of the land; or if the modification or discharge is not detrimental to the beneficiaries. DCLG has published a guide to support changes to the Growth and Infrastructure Act 2013, which provides more detailed information on what is needed to modify and evaluate requests to amend the accessibility system in section 106. It is a guide to the form of the application, complaint and evidence; evidence of cost-effectiveness and how they should be assessed. With respect to developer contributions, the Community Infrastructure Tax (CIL) did not replace the Section 106 agreements, which strengthened the s 106 tests. S106 agreements on developer contributions should focus on correcting the specific weakening required for a new development. CIL was designed to address the broader effects of development. There should be no circumstances in which a developer pays CIL and S106 for the same infrastructure for the same development.

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.