S106 Renegotiations

How we help if you already have planning permission that includes obligations

Each S106 agreement or unilateral obligation is unique, with details inextricably linked to individual planning consent. Once permission is given, the only robust strategy for changing this agreement is through obtaining a new planning permission (via a duplicate application or when circumstances allow a S73 or S73A planning  application). These processes require a new S106 agreement, which supersedes the original agreement. Occasionally LPAs may permit a variation, however this is at their discretion, and without rights of appeal. We are therefore cautious of that process. 

Agreements over 5 years old may be varied via a S106A planning application, provided the varied agreement continues to serve the same purpose equally well as the original agreement, or the agreement no longer serves a useful purpose. 

Planning obligations typically take effect in two stages; they become ‘engaged’ development, typically on commencement of the development named in the agreement,  then there are further ‘triggers’ when payments and infrastructure are required to be delivered. 

The S106 agreement is fundamentally a contract, as such, if you obtain and commence a fresh planning permission and accompanying S106 agreement before reaching a trigger point, those previously triggered obligations remain enforceable, whilst those that are untriggered are superseded.

S106 Management’s Renegotiation service will first identify the most appropriate pathway for renegotiation and then provide appropriate viability reporting to support the renegotiation process. 

Contact us today for a free, no obligation consultation.