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Section 106 Planning Obligations

Vary or Remove, Modify or Discharge Section 106

Section 106 (S106) Planning Obligation Modification and Discharge Services TOWN AND COUNTRY PLANNING ACT 1990 (AS AMENDED) THE TOWN AND COUNTRY PLANNING (MODIFICATION AND DISCHARGE OF PLANNING OBLIGATIONS) REGULATIONS 1992 Examples include agricultural workers dwelling in green belt, now open market What is a S106? It is a legal agreement outlining what you are required to do with regard to obligations to make a payment for intrastructure or affordable housing. It is advisable to obtain professional and legal advice before signing one because of the complications which may arise later. This was a ‘Fishery’ in Cheshire Green Belt, now free of restrictions Need to negotiate local planning authority demands? For developer contributions for infrastructure, affordable housing, open or amenity space, education? Need a viability assessment? Need a good service at a fair price? Currently working on several sites in England and Wales, in many cases the sites are unviable or contributions are minimal, site sizes range from 1 to more than 200. Need to sell your home on the open market because purchasers and lenders are non existent? If you have an agricultural occupancy restriction or tie we can also help you. Fisheries a speciality. Also able to assist with Certificates of Lawful Existing and Proposed Development Permitted Development conversions of offices and barns to dwellings. Also removed holiday occupancy conditions on converted barns in Green Belt. Planning consultancy work welcome, service offered by retired Architectural Technician with a legal background. One Planet Development, Sustainable Development, planning and boundary disputes, easements, rights of way, covenants. This was an agricultural workers dwelling near Carlisle, now on the open market. Replacement for old agricultural worker dwelling was restricted to “local occupancy” and tied to farm, removed.

Former agricultural and local occupancy

restrictions, and "Annexe", also ties to land

or building

If you have a Section 106 restricting the occupancy of a separate building as ancillary use to the main dwelling the agreement has to meet legal and national policy tests. If you have an agricultural occupancy restriction or tie we can also help you. Fisheries a speciality. Also able to assist with Certificates of Lawful Existing and Proposed Development AB Permitted Development conversions of offices and barns to dwellings. Also removed holiday occupancy conditions on converted barns in Green Belt. Planning consultancy work welcome, service offered by retired Architectural Technician with a legal background. One Planet Development, Sustainable Development, planning and boundary disputes, easements, rights of way, covenants. Need to negotiate local planning authority demands for developer contributions for infrastructure, affordable housing, open or amenity space, education? Need a viability assessment? Need a good service at a fair price? Currently working on several sites in England and Wales, in many cases the sites are unviable or contributions are minimal, site sizes range from 1 to more than 200. Need to sell your home on the open market because purchasers and lenders are non existent? We modify, discharge or remove Section 106 planning obligations or agreements restricting occupancy to local need, affordable housing or holiday let. In Gwynedd, Powys, Anglesey Ynys Mon, Conwy, Denbighshire, Dinbych, Flintshire, Fflint, Wrexham, Wrecsam, Ceredigion, Pembrokeshire, Carmarthenshire, Monmouth, Cornwall, Yorkshire Dales, Lake District or anywhere else in Wales and England, the UK in fact. Also wrongly described as affordable occupancy restriction for a local person. In many cases the agreement is "fatally flawed" in that the wording renders it unenforceable and therefore does not serve a proper planning function or "useful purpose" as local authority planning officers like to believe. If you have an agricultural occupancy restriction or tie we can also help you. Fisheries a speciality. Also able to assist with Certificates of Lawful Existing and Proposed Development AB Permitted Development conversions of offices and barns to dwellings. Also removed holiday occupancy conditions on converted barns in Green Belt. Planning consultancy work welcome, service offered by retired Architectural Technician with a legal background. One Planet Development, Sustainable Development, planning and boundary disputes, easements, rights of way, covenants.

“Modify or Discharge S106 Agreements”

Here is just one example of

many removed to date

Here is just one example of many removed to date: https://news.bbc.co.uk/1/hi/wales/ north_west/7726862.stm https://www.dailypost.co.uk/news/ north-wales-news/house-sale-ban- is-overturned-2805164 https://www.dailypost.co.uk/news/ local-news/porthmadog-couple- win-fight-over-2804806 https://www.dailypost.co.uk/news/ local-news/blow-key-gwynedd- housing-policy-2746754 https://www.dailypost.co.uk/news/ north-wales-news/rules-relaxed- buying-homes-rural-2737817

This is a converted mill which was tied to a bunglaow on a different piece of land! STOP - Don’t sign that agreement without taking professional advice. Sign in haste, repent at leisure. Planning obligations can be negotiated to keep both sides happy. Do you have local occupancy clause problems? They can prevent you selling your home because mortgage lenders are unwilling to consider a mortgage due to the onerous wording. The local connection in perpetuity is just one obstacle, you may also lack a mortgagee in possession caluse. There are very few mortgage lenders in this market so please be careful, we can point you in the right direction.