In a move to try and kick start stalled housing developments the Government are proposing to allow formal requests for renegotiation of section 106 agreements agreed in more buoyant market conditions.

The preferred route is for section 106 agreements to be renegotiated with local authorities on a voluntary basis.

But where voluntary agreement cannot be reached formal requests for renegotiation would be allowed on planning obligations agreed prior to 6th of April 2010 – one month after new regulations taking effect. Currently such a formal request can only be made when an obligation is five years old. The local authority must take a decision on such a request and there is a right to appeal.

The Government’s proposed change would improve viability on stalled housing developments and still secure affordable housing and other community benefits. The alternative is no development and no wider community benefit.

Need help understanding how this change affects you? Need help to renegotiate a section 106? For expert help from experienced RTPI planners call

01282 872 570

The consultation ends on the 8th of October. 


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