Section 106 and Section 52 Agreement

Planning obligations

A Section 106 planning obligation (formerly called Section 52 Agreements) can be modified or discharged through a Deed of Modification in the following ways:

• Within five years of the obligation’s completion date, by mutual agreement between the council and the person(s) bound by the obligation.
• After five years from the obligation's legal completion date (or a later date specified in the obligation), subject to the terms of the agreement.

Modifying or discharging a planning obligation

If you wish to request an amendment to a Section 106 or Section 52 planning obligation within five years of its completion, you must provide reasons why the change is necessary.

Decision process after five years

When considering an application to modify or discharge an obligation, the council will decide in one of the following ways:

• Discharge: If the obligation no longer serves its original purpose, it may be discharged.
• Modify: If the obligation still serves its purpose but can do so with the proposed modification, we may agree to the modification.
• Refuse: If the obligation remains necessary and serves a useful purpose, the request to discharge will be refused.

Fees and legal costs

• Application Fee: £2,124 (plus VAT)
• Additional Legal Fees: These are variable and will cover costs for the council’s solicitors, and, if applicable, the County Council solicitors.
  The fee covers assessment, consultation with relevant departments (e.g., housing), and presenting the request to the Planning and Development Committee, following the council’s constitution.

Vacant building credit

Developers may be eligible for a Vacant Building Credit when a vacant building is brought back into lawful use or replaced with a new building. This credit, equivalent to the gross floorspace of the existing vacant building(s), is applied to offset the affordable housing contribution.

Eligibility Criteria:

• The building(s) must have been completely (100%) vacant for at least six months before submitting the application.
• The vacancy must not result from deliberate actions, such as terminating leases, solely for redevelopment purposes.
• The building(s) must not be considered "abandoned" based on factors like:
  • Its condition.
  • Length of non-use.
  • Any intervening uses.
  • Evidence of the owner's intentions.

Submission Requirements:

Applicants must provide the Gross External Floor Area (GEA) for both the vacant and proposed buildings, verified and signed off by a RICS Chartered Surveyor or a RIBA member architect.

Viability appraisals

For residential developments that do not comply with planning policies, an open book viability appraisal must be submitted. Key points:

• The appraisal will be published on our website.
• A Section 106 agreement may include a clause requiring the viability to be reviewed within a specified time frame.