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.
