© S106
“Modify or Discharge S106 Agreements”
Local Occupancy Clause
Remove (Discharge) or modify
S106 agreements (obligations)
Section 106 agreements (old version
section 52) are a legally binding contract
attached to planning permission. Make
sure you are happy with the content before
you sign.
Not all planning consultants have legal
experience and not all lawyers have
planning experience in this particular field.
Many services offer to reduce or even
remove the obligations demanded by the
planners but they may not understand the
complicated legal wording that some
developers have signed up to in ignorance.
We modify, discharge or remove Section
106 planning obligations or agreements
restricting occupancy to local need,
affordable housing or holiday let. Also
wrongly described as affordable occupancy
restriction for a local person. If your house
has one and the dwelling does not meet
any reasonable definition of an 'affordable
home or dwelling' please contact us ASAP,
we will remove it for you. 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.
Reduced costs for clients
Expensive Obligations
£186,000 on Affordable on 20 houses in
Suffolk
£123,000 on Affordable on 10 flats in
Folkestone
£50,000 on open space on Manchester
development
£360,000 on all obligations Chorley
Onerous obligations
Occupancy restrictions removed in 10
counties.
Obligations amended in 30 counties
Problematic Planning Conditions
Parking permit restrictions removed.
Unnecessary conditions removed
Negotiating Heads of Terms
If avoiding all contributions is out of the question you
have to negotiate terms that are both acceptable and
practical.
Scrutiny of the wording of the agreement
Most people refuse to sign legql contracts without legal
advice but time and again we find someone who has
signed a Section 106 agreement without understanding
what it says, all they wanted was the planning
permission.
Renegotiation of Planning Obligations
If you are one of the many who signed something that
later becomes unworkable you need professional
advice on the merits of negotiating a modification or
discharge of the obligations. We have many years
experience in such matters.
Local Authority Monitoring Service
Professional S106 monitoring service for local
authorities. If you don’t have a dedicated monitoring
officer or team we can offer a service that ensures your
receipts are as high as possible and that they are paid
on time.