Renegotiate, Replace or Remove S106

Already have planning permission with an S106 agreement attached? There are several options open to you to either change, remove, or replace an existing S106 agreement. 

S106A provides a procedure to renegotiate S106 agreements that are over 5 years old – but only insofar as the revised agreement serves no purpose or as revised serves the same purpose as the original agreement equally well. These limitations render S106A of little practical use.

The only practical way to change or remove an existing Section 106 agreement is to replace it.

This can be achieved in two ways. Either via an S73 application (provided your existing S106 agreement permits this) or through a new full planning application (you will have a free go if your consent is less than 12 months old).

However it should be noted that this will not be effective if there is a pre-existing breach of the existing agreement.

In a climate of high inflation and stagnant sales values, the changing viability of previously agreed schemes is a material consideration. However such applications are highly complex and fact sensitive. Your case must be presented in the right manner to achieve the required results.

If you are in a situation where you are looking to renegotiate your Section 106 obligations, get in touch with us today.

See our blog posts and case studies for examples of renegotiated or removed S106 contributions and new S106 agreements.