Discharging A S106 Agreement

Discharging A S106 Agreement

The High Court in R (Mansfield District Council) v Secretary of State for Housing, Communities and Local Government [2018] EWHC 1794 (Admin) recently considered the appropriate legal review for applications to fulfil existing planning obligations s106 and, in particular, the approach to such a review in circumstances where public works for which the financial contribution was required, before the payment due date. A party against whom a unilateral agreement or obligation under Article 106 is applicable may apply to the local planning authority, at any time after the expiry of five years from the date of the act, to be discharged or amended in accordance with the Town and Country Planning Act s106A. An agreement to modify or fulfil a planning obligation may be concluded at any time (and may only be concluded by the act referred to in section 106A(2) of the 1990 Act). Courts often examine situations where, despite the best efforts of the drafts for opinions, unforeseen events occur at the time of the conclusion of an agreement under Section 106, which complicates the interpretation of the agreement. This summer, the courts gave some useful tips on how they should be interpreted when parties are faced with the unexpected. Following the last financial crisis, ss106BA-C was adopted, which allowed for the modification or meeting of affordable housing and appeal requirements for these applications. The sun rose above these provisions in April 2016 and, so far, the government has not signaled that it is introducing anything similar. Section 106A of the Town and Country Planning Act 1990 allows a person bound by an agreement under section 106 to apply to the local planning authority for fulfil the obligation. The local planning authority should fulfil this obligation when it no longer serves a useful purpose. So far, the courts have issued divergent views on the interpretation of the concept of “useful purpose”. Garnham J in R (Mansfield DC) v Secretary of State for Housing, Communities and Local Government [2018] EWHC 1794 (administrator) referred to the correct approach to address an s106A application, as expressed by Richards J (as it was at the time) in R (The Garden and Leisure Group Ltd) v North Somerset Council [2003] EWHC 1065 (Admin) at [28]: As provided for by law, it is therefore always possible to renegotiate and agree on an amendment to an s106 agreement outside the mechanism provided for by law. However, in these cases, there is no right of appeal.

Initial development has not begun and another building permit was issued in December 2008. The developer entered into an s106 agreement which replaced the previous s106 agreement and ensured payment of the financial contribution to the motorway works for the same amount. There are completely different procedures for the variation or execution of agreements s106 and s52, which can be invoked as follows. § 106 Agreements In the case, it was an agreement under Article 106 concluded in the context of a residential construction. .