Planning obligations can be renegotiated at any time if the local planning authority and the developer agree on this, but informal negotiations are often scattered and lead nowhere. S106A offers a more formal schedule that requires a decision in 8 weeks. Agreements of any generation may be subject to a request for amendment and will be successful if they no longer fulfil a useful purpose or if the revised proposed conditions were as effective as the original instrument. If the planning obligation is more than 5 years old, the application can normally be challenged with the planning inspectorate. Recent agreements can only be challenged through the judicial review procedure, which is a realistic option only in the most valuable cases. In practice, the test ”no longer serves any useful planning purpose” is interpreted liberally, making these applications very unreliable. The legislation can be found on this link: this means that, subject to compliance with the 3 tests defined in regulation CIL 122, the authorities in charge of charging can use funds from both the tax and the planning obligations of Article 106 to pay for the same piece of infrastructure, regardless of the number of planning commitments that have already contributed to an infrastructure position. Planning obligation strategies should be outlined in plans and publicly reviewed. The policy requirements should be clear so that they can be accurately taken into account in the price paid for the country. The 2019 rule changes ended the current limitation on pooling more than 5 planning obligations for a single infrastructure.
Where planning commitments are negotiated for reasons of cost-effectiveness, it is for the applicant to demonstrate whether particular circumstances justify the need for a cost-effectiveness review at the application stage. The weight to be given to an assessment of profitability is the responsibility of the decision-maker. A bilateral agreement (§ 106) is an agreement between the applicant and the Council, and sometimes others. The need for such an agreement normally arises either during the discussion process prior to the application or after the submission of the application. If the need for such an agreement is established prior to the submission of the application, it is recommended that applicants submit either a draft contract or a heads of terms with the application, in order to expedite the decision-making process. Any agreement under Section 106 is attached to a specific building permit and so you can search for a particular agreement by entering the construction application number in the search tool. . . .