The purpose of a S106 agreement is to mitigate the impacts of a particular development. Without it, a local authority would not have granted planning permission. The signing of the S106 agreement is usually a condition of consent. So, if the S106 agreement is not implemented (e.g. payment of monies is not forthcoming), the conditions of consent have not been complied with and the planning permission is invalidated right? Putting it another way, if the S106 agreement is not fulfilled, isn't it the case that the development is not what was consented to, and the consent is therefore invalidated? Is anyone aware of any case law in this respect? Or does anyone have any experiences they can point to? THANKS for your help!
