"Planning for Growth" (see my last post) also urges local planning authorities to reconsider s.106s which render schemes unviable. In other words, renegotiate and amend them. This was also in the Treasury's document "The Plan for Growth" published alongside the Chancellor's red book on budget day.
This is a significant opportunity to review the terms of s.106 agreements. What is viable could be a source of some debate, but it is not a new concept to planning. The statement actually says:
" To further ensure that development can go ahead, all local authorities should reconsider, at developers' request, existing section 106 agreements that currently render schemes unviable, and where possible modify those obligations to allow development to proceed; provided this continues to ensure that the development remains acceptable in planning terms."
There are some legal formalities in varying s.106s which must be met, and the odd trap. All I can say is that an early discussion with your friendly planning solicitor could save a lot of grief and wasted expenditure later.