Removing Affordable Housing From Existing Elmbridge S106 Agreements

Following the removal of Elmbridge Borough Council’s small sites affordable housing policy (covering developments of 1–9 dwellings) in July this year, we’ve seen a growing number of clients asking whether they can remove their affordable housing obligations from existing Section 106 Agreements.

This makes sense — if the same application were submitted today, no affordable housing contribution would be required under the current policy framework.

The key consideration, however, lies in the specific wording of your existing agreement. For instance:

  • If the affordable housing contribution is triggered upon commencement and the development has already started, the payment will still be due.
  • If the development has not yet commenced, the agreement has not been triggered, and there may be an opportunity to vary it through a Section 106A application or by submitting a duplicate planning application that would not include an affordable housing contribution.

If you think your development might fall into this category, get in touch with us to discuss your options and find out how we can assist.

Read our previous update on this topic here.

Merton Affordable Housing Policy
August 2, 2022

Merton Affordable Housing Policy

When Merton's replacement local plan is adopted and new Affordable Housing Policy introduced, will your housing development still be viable?
Webinar: How to Make Section 106 Work for You
March 23, 2022

Webinar: How to Make Section 106 Work for You

S106 Management's Tom Furby in conversation with Nimbus Maps' Andrew Green regarding s106 agreements, viability, CIL Reg 122 and planning obligations, March 2021.
Epsom & Ewell Affordable Housing Policy
January 16, 2023

Epsom & Ewell Affordable Housing Policy

Will your development trigger the Affordable Housing requirements based on number of dwellings or site size in Epsom & Ewell?
High Section 106 costs are avoidable

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