Common use of Planning Considerations Clause in Contracts

Planning Considerations. 6.1 The key consideration in relation to this application is whether or not the policy compliant provision of 30% affordable housing within the development will remain equally secure with the proposed modifications to the Section 106 agreement as set out in paragraph 2.4 above. 6.2 Section 106A of the TCPA allows for an application to be made to a local planning authority to consider a proposed modification or discharge of a planning obligation. 6.3 Planning obligations can be renegotiated at any point, where the local planning authority and the person or persons against whom the obligation is enforceable agree to do so. A planning obligation is enforceable as a contract and whether it is varied or not is at the local planning authority’s discretion. Where there is no agreement to voluntarily renegotiate, and the planning obligation is over 5 years old, an application may be made to the local planning authority to change the obligation where it “no longer serves a useful purpose” or would continue to serve a useful purpose in a modified way (ref. Section 106A of the TCPA). As this application to modify the S106 has been made within 5 years of completion, this statutory test is not applicable. 6.4 The Town and Country Planning (Modification and Discharge of Planning Obligations) Regulations 1992 (as amended) set out the procedure for dealing with applications to modify or discharge a planning obligation that is more than 5 years old. However, these Regulations do not apply to requests to modify a planning obligation that is dated less than 5 years ago, which is the case in this instance. As such, an application form and public consultation is not required.

Planning Considerations. 6.1 3.1 The key material planning consideration in relation to respect of this application is whether or not the policy compliant provision of 30% affordable housing within the development will remain equally secure with the proposed modifications to the Section 106 agreement as S.106 contributions set out in paragraph 2.4 above1.3 can be paid at a later date whilst still allowing the Council sufficient time to deliver the infrastructure required to support the development. 6.2 3.2 Section 106A of the TCPA allows for an application to be made to a local planning authority to consider a proposed modification or discharge of a planning obligation. 6.3 3.3 Planning obligations can be renegotiated at any point, where the local planning authority and the person or persons against whom the obligation is enforceable agree developer wish to do so. A planning obligation is enforceable as a contract and whether it is varied or not is at the local planning authority’s discretion. Where there is no agreement to voluntarily renegotiate, and the planning obligation is over 5 years old, an application may be made to the local planning authority to change the obligation where it “no longer serves a useful purpose” or would continue to serve a useful purpose in a modified way (ref. see Section 106A of the TCPA). As However, as this application to modify the S106 agreement has been made within 5 years of completion, this statutory test is not applicable. 6.4 3.4 The Town and Country Planning (Modification and Discharge of Planning Obligations) Regulations 1992 (as amended) set out the procedure for dealing with applications to modify or discharge a planning obligation that is more than 5 years old. However, these Regulations do not apply to requests to modify a planning obligation that is dated less than 5 years ago, which is the case in this instance. As such, an application form and public consultation is not required.

Planning Considerations. 6.1 3.1 The key material planning consideration in relation to respect of this application is whether or not the policy compliant provision of 30% applicant has adequately demonstrated that the planning obligation relating to affordable housing within would cause the development will remain equally secure with the proposed modifications to be unviable thus justifying a degree of flexibility in relation to the Section 106 agreement as set out in paragraph 2.4 aboveaffordable housing obligation. 6.2 3.2 Section 106A of the TCPA allows for an application to be made to a local planning authority to consider a proposed modification or discharge of a planning obligation. 6.3 3.3 Planning obligations can be renegotiated at any point, where the local planning authority and the person or persons against whom the obligation is enforceable agree developer wish to do so. A planning obligation is enforceable as a contract and whether it is varied or not is at the local planning authority’s discretion. Where there is no agreement to voluntarily renegotiate, and the planning obligation is over 5 years old, an application may be made to the local planning authority to change the obligation where it “no longer serves a useful purpose” or would continue to serve a useful purpose in a modified way (ref. see Section 106A of the TCPA). As However, as this application to modify the S106 agreement has been made within 5 years of completion, this statutory test is not applicable. 6.4 3.4 The Town and Country Planning (Modification and Discharge of Planning Obligations) Regulations 1992 (as amended) set out the procedure for dealing with applications to modify or discharge a planning obligation that is more than 5 years old. However, these Regulations do not apply to requests to modify a planning obligation that is dated less than 5 years ago, which is the case in this instance. As such, an application form and public consultation is not required.