Can I renegotiate my Section 106 agreement given the new exemption?

9 December 2014

I have just brought a plot with planning permission. The planning had a section 106 low cost housing contribution of £27,000 plus an open space contribution of £6,000. These agreements were signed by the people we brought the plot off of.

Since the new announcement of exemption for self builders has come in, do I have to put in a new planning application, in or renegotiate? Also, the planning permission has a section 106 low cost housing contribution and an open space contribution tied to it. Am I now exempt from both contributions?

Thanks

One Answer

  1. Mike Dade says:

    Some councils might be prepared to take a common sense view and allow a renegotiation that would cancel the relevant Section 106 obligations. Others, no doubt, will dig in their heels – in which case you could make a new application that would be eligible for the Section 106 exemption (which will cover both the affordable housing contribution and the open space contribution).

    The first step is to talk to your council and see which way you’ll need to go.

    Mike Dade (Planning Consultant & Build It expert)

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