Can a 106 Agreement Be Removed

A 106 agreement is a legal document that is often used in the context of planning permission. It is sometimes referred to as a Section 106 agreement, named after the section of the Town and Country Planning Act 1990 that governs its use. Essentially, a 106 agreement is a way for a local authority to ensure that a developer makes certain contributions or undertakes certain actions in exchange for being granted planning permission.

But what happens if a property owner wants to remove or modify a 106 agreement? Is this possible, or is the agreement set in stone?

The short answer is that it is possible to remove or modify a 106 agreement, but it is not always straightforward. There are several factors to consider:

1. The terms of the agreement

The first thing to consider is the wording of the 106 agreement itself. If the agreement specifies that it cannot be modified or removed, then it will be difficult to change. However, many agreements contain provisions for review or modification after a certain period of time or if certain conditions are met.

2. The local planning authority

The local planning authority has the power to vary or discharge a 106 agreement. However, they are unlikely to do so unless there is a good reason, such as a significant change in circumstances or new evidence that was not available when the agreement was made.

3. The landowner

The landowner is also able to apply to have a 106 agreement modified or removed. However, they will need to provide evidence that the agreement is no longer necessary or that its terms are causing a hardship. This can be a difficult process, as the local planning authority is likely to resist any change that they feel is not in the public interest.

4. Legal action

If all else fails, it may be possible to challenge a 106 agreement through legal action. However, this is a costly and time-consuming process, and it is unlikely to be successful unless there are clear grounds for appeal.

In conclusion, it is possible to remove or modify a 106 agreement, but it is not always easy. The terms of the agreement and the attitude of the local planning authority will be key factors in determining whether or not it is possible. Landowners who are considering seeking a change to a 106 agreement should seek specialist legal advice to assess their chances of success.