Decision details

At the September Committee meeting, Members requested to be kept abreast of the current arrangements in relation to the re-negotiations of affordable housing in Section 106 Agreements, as well as the number of applications that had be re-negotiated in the past two years. 

Members noted that planning obligations could be amended at any time with the agreement of the Local Planning Authority (LPA).  Where the LPA did not agree developers could make a formal application under Section 106A(3) to modify or discharge agreements, but only if the planning obligation was more than five years old. In those instances developers could appeal the decision on the application if refused by the LPA to the Secretary of State (i.e. Planning Inspectorate).

It was confirmed that there had been no re-negotiated planning obligations in relation to affording housing during the last two years.

RESOLVED: That the report be noted.