Louis Mangione

Innovations in Education, Inc.

Varying A S106 Agreement

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before 25 October 1991) is the only way to apply to the Lands Tribunal for a discharge or amendment to a restrictive covenant, in accordance with section 84 of the Law of Property Act 1925. This procedure does not specifically focus on planning agreements. The Landsgericht may adopt or amend a restrictive covenant where the restriction is obsolete due to changes in the nature of the property or the vicinity or other circumstances of the land; if its existence prevents a reasonable user of the land; or if the modification or discharge does not prejudice the rightholders. 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). While the application procedure applies to s106 agreements that have been in existence for at least five years, it is avoided that all parties to the agreement are obliged to sign an act of amendment. This can also be problematic if the developer and the local planning authority can agree on the terms of an amendment. Article 106A(5) expressly provides that a request to amend an agreement s106 pursuant to Article 106A(3) must not provide for an amendment imposing an obligation on another person against whom agreement s106 is enforceable. There are completely different procedures for the variation or execution of agreements s106 and s52, which can be invoked as follows. .

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