Close

Section 106 Agreement Discharge

The planning obligations of the Planning Act 1990 and the planning agreements of 1990 are land royalties and, as such, land royalties with the land up to respect for the land, have been varied or formally reduced according to the corresponding formalities. Lesson: This is a high reference for a successful application for the execution of an existing planning obligation. Rightly so, as of the date of notification, this obligation can no longer meet a useful planning objective for the three trials covered in paragraph 56 of the revised NPPF. However, it can still serve a useful « non-planning purpose. » This could reasonably involve covering the costs of completed public works that were initially agreed upon and result from a building permit. When an application to amend or discharge a planning application is submitted to the local planning authority, it may find, in accordance with Article 106A (6), that Section 106A (11) of the 1990 Act provides that a planning obligation may be amended or fulfilled (at any time) by a common agreement between the competent authority and the persons against whom it is enforceable. The competent authority is the Mayor of London (where the planning obligation is enforceable), the Secretary of State (if it is an authorization obligation) and the local planning authority (in all other cases). The case concerned a Division 106 commitment to pay 75% of the road works costs necessary to allow for a mix of employment and residential construction. After the first building permit, two subsequent building permits were issued, each resulting in the same obligation. At the time of the shutdown, there had been no construction on site, while the city council had built the road and the landowner had paid about one-third of the money owed.

Sections 106A and 106B of the 1990 Act provide for a procedure for amending or fulfilling planning obligations incurred after October 25, 1991 without the approval of the local planning authority.

Tagged: