If you have a Section 106 that is too onerous and was signed before 6th April 2010 read on...

From 1st April 2013 it will be possible to make a formal request to the Local Planning Authority for a reconsideration of the terms of a Section 106 agreement for all those agreements which were signed before 6th April 2010. This represents a relaxation in the normal 5 year time period during which it is not possible to modify a Section 106 without the co-operation of the LPA. Any Section 106 agreements entered into from 6th April 2010 will still be covered by the 5 year rule.

The Government has recognised that many of these agreements were made under better market conditions and that the opportunity to renegotiate the terms may bring forward developments which have either stalled or have failed to be taken forward. It the LPA does not agree then there will be right of appeal and a decision taken ultimately by the Planning Inspectorate.

It is a one off change to the terms of Section 106A of the Town and Country Planning Act 1990 which only allows for the renegotiation of a planning obligation within 5 years when the local authority is a willing party.

This change has been introduced by the Town and Country Planning (Modification and Discharge of Planning Obligations Regulations )(Amendment) (England) 2013. This amends the Town and Country Planning (Modification and Discharge of Planning Obligations) (England) 1992.

If you would like to find out more about this opportunity, contact us.