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.

Updated Guidance: Appeal Submissions and S106 agreements
November 20, 2024

Updated Guidance: Appeal Submissions and S106 agreements

The Planning Inspectorate have updated their guidance in relation to submission of appeals and s106 agreements securing planning obligations.
Unlocking Delivery? What the Homes for London Package Means for Affordable Housing and CIL
October 23, 2025

Unlocking Delivery? What the Homes for London Package Means for Affordable Housing and CIL

How proposed CIL relief and a new planning route could affect affordable housing delivery in London.
Appeal win: Strategic 86 unit housing site appeal allowed with zero s106 contributions
February 11, 2022

Appeal win: Strategic 86 unit housing site appeal allowed with zero s106 contributions

Appeal win reducing 17 affordable houses to zero on the basis of high infrastructure costs. S106M provided viability reporting, extensive negotiations with the council and appeal statement of case and further affordable housing statements to support this recent Appeal in North East Lincolnshire for 68 houses and 18 apartments on part of a large strategic site adopted in the local plan and previously consented.
High Section 106 costs are avoidable

Call us today for a free consultation. Market leader in viability assessment and Section 106 negotiation.

Call us now on
01392 840002
or
Request a call