It appears to me that any new Planning permission affecting the land in an original S106 over the same land (or part of it) would override it. The legal position would seem to be concurrent permissions, either (but not both) of which could be implemented. It dies not appear that the 5 year rule prevents variations to S106 agreements until 5 years has passed. S106A(1) provides that a S106 Agreement can be varied by agreement between the parties; there does not appear to be any restriction upon when or how if the Authority and the applicant are agreeable to modifying the S106 The 5 year rule applies to a situation where the Local Authority is not agreeable or does not consider it appropriate to vary the original S106 agreement. After 5 years the applicant has the right to apply to the authority for the modification or discharge of the S106 agreement and would be able to appeal it if the authority is not willing to do so.
