Vary S106 Agreement

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. In addition, the guidelines specify that, following the Ministerial Declaration on Start Houses, NPPs should not strive to contribute to affordable housing under Section 106 of the Start-up House Development (but may still aim for s106, which mitigates the development impact).

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