Section 106 agreements, also known as planning obligations in the UK, play a significant role in the planning application process. They are legal agreements made between local planning authorities and developers to mitigate the impact of development on the local community and environment. Section 106 agreements are usually required when planning permission is granted for major developments, such as housing, retail, and commercial developments.
However, what happens when circumstances change, and the original agreement needs to be modified? This is where section 106 agreement variations come into play.
A section 106 agreement variation is a change to the original agreement made between the developer and the local planning authority. Variations can be made to a section 106 agreement at any stage before the development is completed, provided that the local planning authority agrees to the proposed changes.
Typical reasons for variations to a section 106 agreement may include changes to the development itself, such as alterations to the number or type of properties being built, or changes to the infrastructure surrounding the development, such as roads or public transport. Variations may also be required if there are changes to planning policy or if unforeseen circumstances arise during the development process.
It is important to note that any variation to a section 106 agreement must not materially harm the interests of the local community or environment. The local planning authority will assess any proposed changes and may request additional contributions or mitigation measures if necessary.
For developers, variations to a section 106 agreement can be a complex and time-consuming process, requiring detailed negotiations with the local planning authority. It is important to seek professional advice from planning experts and lawyers who can provide guidance on the process and help to ensure that any proposed variations are in line with planning policy and do not negatively impact the local community.
In conclusion, section 106 agreement variations offer a means for developers to adapt to changing circumstances during the planning and development process. While it can be a complex process, seeking professional advice can help to ensure that any proposed changes are in line with planning policy and do not harm the local community or environment.