Appealing A Section 106 Agreement

Up to this amount, the court decided that the developer must pay sufficient money to allow Council to provide equivalent affordable housing that must be provided by the section 106 obligation. The court acknowledged that this was a departure from the literal words of the treaty, but found that “it is the only reasonable solution.” Some section 106 obligations are simple, while others are complex, but somehow planning for all eventualities is never easy. We regularly advise local authorities, developers and landowners on agreements under Section 106: Strategy, Design, Negotiation, Modification and Enforcement. If you have any questions about any of the points mentioned in this article or about Section 106 agreements in general, please contact Alex Minhinick or Gary Soloman. Guide to Appealing a Decision on an Application to Modify or Perform a Planning Obligation (S106) The Mansfield and York cases are useful barometers of the current attitude of the courts to issues arising from the application of section 106 agreements, where circumstances have changed since the date of the agreement. While in the past courts have (rightly) favoured conclusions allowing funds intended for the provision of public infrastructure to be recovered from local authorities, this provision is reinforced by these cases.

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