Summary and implications
Improving viability is crucial to
delivering many developments. One area of focus will be to consider
whether section 106 planning obligations can be varied or
discharged. In this article, the following will be considered:
- the options available for varying or discharging section 106
obligations;
- what local planning authorities will require before
agreeing or approving changes to section 106 obligations; and
- the constraints and pitfalls.
Introduction
Planning obligations are entered into by persons with a land
interest and the local planning authority (LPA) under section 106
of the Town and Country Planning Act 1990 (TCPA). They can be
entered into as an agreement or as a unilateral
undertaking. Unilateral undertakings are only signed by the persons
with a land interest, but they are equally enforceable by the LPA.
The obligations are generally entered into in connection with a
planning application and the purpose of the
