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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - This week

s.106 Enforcement

David Oates, modified 8 Years ago.

s.106 Enforcement

New Member Post: 1 Join Date: 18/08/15 Recent Posts

Local Authority has missed the timetable for the collection of contributions and land transfers.  Developer now seeking to vary s.106 to avoid liabilities.

There does not seem to be a will to enforce the matter.  What now?  

How can it be enforced if there is resistance from the LA? 

Simon Pickstone, modified 8 Years ago.

RE: s.106 Enforcement

Advocate Posts: 104 Join Date: 22/04/13 Recent Posts
David, it all hinges on the S106 Agreement, and the signatories to it. If the LA is a signatory, it would be up to them to enforce (issue a CCJ) for late payments. If the LA (as signatory) decides not to enforce, or even entertain a Variation to the original Agreement, it is their perogative.