A Section 106 agreement is a legal document that is used to secure benefits for local communities during the development process. In essence, it is a contractual agreement between a developer and the local planning authority that specifies the obligations of the developer in relation to the community in which the development is taking place. These obligations often include the provision of affordable housing, the creation of new jobs, and the improvement of local infrastructure.
However, there may be circumstances where it is necessary to vary a Section 106 agreement. For example, the development may have been delayed, or there may be changes to the local planning policy. Whatever the reason, it is important to understand the process for varying a Section 106 agreement.
The first step is to review the Section 106 agreement itself. This will identify any specific requirements that must be satisfied in order to vary the agreement. For example, the agreement may specify that any variation must be agreed to by the local planning authority, or that public consultation is required.
Once you have identified the requirements for varying the agreement, the next step is to prepare a proposal for the variation. This proposal should clearly explain the reasons for the variation, and provide details of any changes that will be made to the existing agreement. It should also include a detailed plan for how the developer intends to meet any obligations that are being amended or removed.
Once the proposal has been prepared, it should be submitted to the local planning authority for consideration. This will typically involve a period of public consultation, during which members of the local community may have the opportunity to provide feedback on the proposed variation.
If the variation is approved, it will be incorporated into the Section 106 agreement. The developer will then be required to meet any new obligations that have been introduced, or to comply with any changes to existing obligations.
It is worth noting that varying a Section 106 agreement can be a complex and time-consuming process. As such, it is advisable to seek expert advice from a solicitor or other legal professional with experience in this area. Additionally, it is important to ensure that any proposed variation is in line with local planning policy, and that it is consistent with the needs and requirements of the local community. By taking these steps, developers can be confident that any variation to a Section 106 agreement will be effective, and will not cause any unnecessary delays or problems.