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. S106 bonds can be waived in different ways depending on the stage of application. As explained in more detail below, an S73 application (section 73) can be used to remove or modify previous section 106 agreements, particularly if substantial changes in circumstances have occurred since the original agreement was signed. In an earlier phase of the process, a cost-effectiveness report can be used to demonstrate that the Section 106 application is not viable. There are also different negotiations that we can use depending on the application. Call us today for a free consultation. Section 106 is a legal agreement between an applicant applying for a building permit and the local planning authority, which is used to mitigate the impact of your new home on the local community and infrastructure. In other words, a new house means a different car on the streets and maybe your kids will visit nearby schools, which will weigh a little more heavily on local services. Planning obligations can be renegotiated at any time if the local planning authority and the proponent agree, but informal negotiations often stall and lead nowhere. S106A provides for a more formal schedule that requires a decision in 8 weeks. Each year`s agreements can be amended and will be successful if they either no longer serve a useful purpose or if the revised proposed conditions serve the original purpose as effectively as the original act.
If the planning requirement is more than 5 years, the application may be the subject of a routine call for planning inspection. Recent agreements can only be challenged through the judicial review process, which is a realistic option only in the most valuable cases. In practice, the review “no longer constitutes a reasonable planning objective” is liberal, making these applications very unreliable. The legislation is on this link: the guidelines also state that “delays may be limited in time or related to the government`s broader legislative approach and the abolition of CIL facilities… Although, in this case, we encourage the use of a return stop date. »