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Section 106 Agreements Case Law

Posted on 06 Oct 2021
By rb_admin

Subsequently, Family applied under Section 106A Town and Country Planning Act 1990 to fulfil the obligation to build the bridge, as it no longer had a useful purpose. That application was rejected and the Council subsequently initiated proceedings to implement that obligation by means of a binding injunction and was successful. Section 106A(11) of the 1990 Act provides that a planning obligation may be modified or fulfilled (at any time) by an agreement between the competent authority and the person or person against whom it is enforceable. The competent authority is the Mayor of London (if he can apply the planning obligation), the Secretary of State (if it is a licensing obligation) and the local planning authority (in all other cases). This objection was not accepted, inter alia, because the defendant had previously requested the obligation of performance under Article 106A. Such a request shall be subject to the validity of the undertaking. It is not clear whether the judge would have made another decision on this point if the section 106A application had not been made beforehand. It may be useful to challenge validity if land retention is not properly identified An agreement to modify or enforce a planning obligation can be concluded at any time (and can only be concluded by an act in accordance with Article 106A (2). Therefore, an s106 agreement can be renegotiated and varies at any time between the parties. 9. In most cases where the PA itself often does not have a country close to the country it proposes to limit the problem, it becomes obvious. This led first to s52 and then to s106.

DCLG has published a guide to support changes to the Growth and Infrastructure Act 2013, which contains more detailed information on what is needed to change the provision of affordable housing in a Section 106 commitment and assess change requests. It is a guide to the format of the application, complaint and evidence; in particular the necessary evidence of viability and how it should be assessed. In this legal climate, the development of Section 106 agreements is under increasing scrutiny from owners/developers and local authorities. Note: – If none of the above points apply, it may still be true that an aggrieved party cannot afford or convince a judge to protect the usefulness of a federal by interlocutory proceedings. . . .