Time limit on S106 enforcement - Public forum - Planning Advisory Service (PAS)
Time limit on S106 enforcement
Rebecca Randall, modified 9 Years ago.
Time limit on S106 enforcement
Enthusiast Posts: 60 Join Date: 06/05/14 Recent PostsHello,
Does anyone have any information on whether there is an agreed time period for when a S106 obligation becomes unenforceable? For example, if a development is granted permission in 2000, and built out in 2004, could a LPA start enforcing an outstanding open space contribution in 2014 even though a significant amount of time has lapsed?
My understanding is that unless there is a specfic clause about this in the Agreement itself, there is no time limit for enforcement. Having a time lapse could be tricky because you could find yourself enforcing against individual landowners if the site is built out and the developer has moved on, but it would not be unlawful.
I know that other LPAs have effectively "written off" obligations that were entered into more than 12 years ago on the basis of legal advice, but I'm not sure what the background of this legal advice was.
Any comments or experiences in relation to this would be welcomed. Thank you.
Moira White, modified 9 Years ago.
Time limit on S106 enforcement
Enthusiast Posts: 26 Join Date: 20/10/11 Recent PostsRebecca,
I haven't got much experience of this but did have a case a few years ago when we successfully enforced non copmpliance with a sec 106. Fortunately we didn't have subsequent owners to contend with.
However the legal advice we received at the time and what was propelling us forward was that although there was no expresed or implied time limit for enforcing the actual sec 106 we may (I stress may) have been prevented form doing so if we'd delayed much longer due to the 12 year limitation period for issuing a claim for breach of a deed, as set out by section 8 of the Limitation Act 1980.
Hope this helps, Moira
Rebecca Randall, modified 9 Years ago.
Time limit on S106 enforcement
Enthusiast Posts: 60 Join Date: 06/05/14 Recent PostsYes this is really helpful. Clearly our decision over whether to enforce older permissions will also take into account the amounts of money within the obligations and our projects lists, but thought it wise to check out the legal situation before investing too much time in this! I will check out the legislation that you have mentioned.
Thank you