Varying A Section 52 Agreement

A party against whom a unilateral agreement or obligation under Article 106 is applicable may apply to the local planning authority, at any time after the expiry of five years from the date of the act, to be discharged or amended in accordance with the Town and Country Planning Act s106A. The procedure for establishing an agreement under section 106 is described in detail in TCPA 1990, s 106A. Agreements s52 and s106 may be amended or complied with by agreement with the local planning authority and any other party to the original document. Any modification of a unilateral obligation s106 is also subject to the approval of the local planning authority. In the case of an agreement under section 52 or an agreement under section 106 of the old style (i.e. an agreement concluded before the 25th), both the agreements under article 52 and the agreements provided for in article 106 should make acceptable an evolution that would otherwise be unacceptable from a planning point of view. There are completely different procedures for the variation or execution of agreements s106 and s52, which can be invoked as follows. ยง 106 Agreements The planning obligations under section 106 of the Town and Country Planning Act 1990 and the planning agreements under section 52 of the Town and Country Planning Act 1971 (now replaced) are land debts and, as such, the country runs and retains the country until they are met, vary or have been formally discharged depending on the corresponding formalities. If the application is rejected or the local planning authority does not take a decision within 8 weeks, a complaint may be lodged with the Secretary of State and, if necessary, the matter will be dealt with during the investigation. The application must be published by the local authority and opponents must have 21 days to make statements. The Financial Conduct Authority Handbook (FCA Handbook) contains sources of regulation of management by a regulated company relevant to insurers: the Conduct of Business Sourcebook (COBS) and the Insurance Conduct of Business Sourcebook (ICOBS).

This practice note focuses on how the local planning authority is empowered to fulfil a planning obligation when it “is no longer useful”. For more information, please contact Catherine Montgomery on 020 7367 2476 or by email cmm@cms-cmck.com The Scottish Government has opened the consultation on its proposal for a temporary visitor tax or “tourist tax” until 2 December 2019. .