Top 10 Legal Questions about Changing Section 106 Agreement

Question	Answer
1. Can a Section 106 agreement be changed?	Yes, a Section 106 agreement can be changed through a deed of variation, subject to the agreement of all parties involved.
2. What is the process for changing a Section 106 agreement?	The process involves negotiating with all parties, drafting a deed of variation, and obtaining the necessary approvals from the local planning authority.
3. What are the reasons for changing a Section 106 agreement?	Reasons for change may include changes in circumstances, economic conditions, or planning requirements.
4. Who has the authority to change a Section 106 agreement?	All parties to the original agreement must agree to the changes, and the local planning authority must approve the variations.
5. Are there any restrictions on changing a Section 106 agreement?	Changes must not undermine the original purpose of the agreement and should be in the public interest.
6. What are the potential implications of changing a Section 106 agreement?	Implications may include financial considerations, legal obligations, and impact on the development project.
7. What are the timeframes for changing a Section 106 agreement?	The process can vary depending on the complexity of the changes and the cooperation of all parties involved.
8. Are there any legal challenges to changing a Section 106 agreement?	Legal challenges may arise if the changes are not in accordance with planning regulations or if there is disagreement among the parties.
9. What should developers consider when seeking to change a Section 106 agreement?	Developers should consider the potential impact on their project, the costs involved, and the need to maintain good relationships with all parties.
10. How can legal advice assist in changing a Section 106 agreement?	Legal advice can provide guidance on the legal requirements, negotiation strategies, and potential risks associated with the changes.

 

Change Section 106 Agreement

Changing a Section 106 agreement can seem like a daunting task, but it is an important aspect of the planning process. Section 106 agreements, also known as planning obligations, are legal agreements between local planning authorities and developers, and they are used to mitigate the impact of a new development on the local area.

When it comes to changing a Section 106 agreement, there are several factors to consider. First and foremost, it is essential to understand the reasons for the proposed changes and to ensure that they align with the overall planning goals for the area. It is also crucial to engage with all relevant stakeholders and to seek legal advice to ensure that the proposed changes are legally sound and in the best interest of the community.

Why Change a Section 106 Agreement?

There are various reasons why a Section 106 agreement may need to be changed. Some common reasons include changes in planning policy, economic circumstances, or the need to address unforeseen issues that have arisen since the original agreement was made. In some cases, changes may also be necessary to make a development financially viable or to facilitate the delivery of essential infrastructure.

Case Study: Changing a Section 106 Agreement

In a recent case in the town of Ashford, developers sought to change the Section 106 agreement for a large residential development to allow for the construction of a new primary school. The original agreement did not include provisions for a school, but due to an increase in the local population, there was a pressing need for additional educational facilities. Through careful negotiation and ongoing engagement with the local authority, the developers were able to successfully change the agreement to accommodate the new school, to the benefit of the local community.

Considerations for Changing a Section 106 Agreement

When considering changes to a Section 106 agreement, it is essential to undertake a thorough review of the existing agreement and to identify the specific areas that require modification. This may involve assessing the financial implications of the changes, the impact on the local area, and ensuring that any amendments comply with current planning policy and legislation. It is also important to engage with all relevant stakeholders and to seek their input and support for the proposed changes.

Proposed Changes to Section 106 Agreement

Proposed Change	Rationale
Amend affordable housing provision	Due to changes in economic circumstances
Incorporate provisions for new infrastructure	To address unforeseen issues
Revise timescales for delivery of obligations	To make development financially viable

Changing a Section 106 agreement is a complex and challenging process, but it is an essential aspect of the planning system. By carefully considering the reasons for the proposed changes, engaging with stakeholders, and seeking legal advice, developers and local planning authorities can work together to ensure that Section 106 agreements continue to deliver the best outcomes for the local community.

 

Amendment to Section 106 Agreement

This Amendment to Section 106 Agreement (the “Amendment”) is entered into as of [Date] by and between the parties listed below. This Amendment is made pursuant to the original Section 106 Agreement dated [Date] (the “Agreement”).

Party One	Party Two
[Name]	[Name]
[Address]	[Address]
[City, State, Zip]	[City, State, Zip]

Whereas, the parties desire to amend the original Section 106 Agreement in accordance with the terms and conditions outlined herein.

Now, therefore, in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. Original Section 106 Agreement dated [Date] shall be amended as follows: [Insert specific amendments and changes].
2. All other terms and conditions of original Section 106 Agreement shall remain in full force and effect, except as modified by this Amendment.
3. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and same instrument.

This Amendment may be executed and delivered electronically or via facsimile, and such electronic or facsimile execution and delivery shall be deemed to be original and valid for all purposes.

This Amendment constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements, whether written or oral, relating thereto.

This Amendment shall be governed by and construed in accordance with the laws of the State of [State], without giving effect to any choice of law provisions that would require the application of the laws of a different jurisdiction.

IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written.

Party One	Party Two
[Signature]	[Signature]
[Printed Name]	[Printed Name]
[Date]	[Date]