As mentioned in Beverley’s blog of 11 September 2012 [link], it will soon be possible to seek to vary increased numbers of s106 agreements under the s106A application route.
Amendments to the Town and Country Planning (Modification and Discharge of Planning Obligations) Regulations 1992 will come into effect on 28 February this year, pursuant to the Town and Country Planning (Modification and Discharge of Planning Obligations) (Amendment) (England) Regulations 2013. As the title suggests, these changes will apply in relation to agreements enforcement by English authorities only.
Section 106A TCPA currently provides for formal applications to be made to local planning authorities to amend or discharge planning obligations entered into over 5 years ago.
In a reaction to concern about the high levels of stalled development caused by s106 viability issues, the new Regs will allow such applications to be made at any point after 28 March 2013 (unless the relevant obligation is 5 years’ old before then, in which case there is no need to wait until 28 March).
The new Regulations only relate, however, to the variation/ discharge of obligations entered into on or before 6 April 2010. Anything newer than that will still have to wait for the 5 year period to expire.