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Enforcement Period For Section 106 Agreements

Section 106 of the Town & Country Planning Act 1990 provides that a local planning authority may enter into an agreement with any person interested in land in its territory to limit or regulate its development or use. An agreement within the meaning of Article 106 is a contract of engagement concluded between a real estate developer, a landowner and a local planning authority. In August, the Court of Appeal rendered a decision in York City Council v Trinity One (Leeds) Ltd [2018] EWCA 1883, which considered how to interpret the wording of a Section 106 obligation, when the Commission attempted to enforce it. At first glance, the agreement made no sense, as circumstances had changed dramatically since its inception. These issues require an understanding of private law remedies and objections, as well as the legal and public context. While the application procedure applies to s106 agreements that have been in existence for at least five years, it is avoided that all parties to the agreement are obliged to sign an act of amendment. This can also be problematic if the developer and the local planning authority can agree on the terms of an amendment. Article 106a(5) expressly provides that a request to amend an agreement s106 under Article 106A(3) may not provide for any amendment imposing an obligation on another person against whom agreement s106 is enforceable. . . .

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