Section 52 Agreement Enforcement

The procedure for unloading a Section 106 agreement is detailed in TCPA 1990, s 106A. This procedure may be amended or unloaded from both s52 and s106 agreements by agreement with the local planning authority and any other party to the original document. Any change to a unilateral s106 obligation is also subject to approval by the local planning authority. In the case of a Section 52 agreement or an old-style agreement (i.e., an agreement reached before October 25, 1991), the only option is to ask the Lands Tribunal for discharge or modification of a restrictive contract under Section 84 of the Property Act 1925. This procedure is not specifically focused on agreement planning. The regional court may lighten or amend a restrictive contract if the restriction is obsolete due to changes in the nature of the land or neighbourhood or other circumstances of the land; If its existence prevents a reasonable user of the land; or if the modification or discharge is not detrimental to the beneficiaries. A Section 52 agreement is a series of planning obligations under the Town and Country Planning Act 1971 (TCPA 1971) for certain lands. It was amended in 1990 in Section 106 of the Town and Country Planning Act 1990 (TCPA 1990). Both the Section 52 agreements and the section 106 agreements should make an acceptable development, which would not be acceptable from a planning point of view. The planning obligations of the Planning Act 1990 and the planning agreements of 1990 are land royalties and, as such, land royalties with the land up to respect for the land, have been varied or formally reduced according to the corresponding formalities.

A party subject to a Section 106 agreement or a unilateral obligation may, at any time after five years from the date of the facts, ask the local planning authority to unload or amende it in accordance with the Planning Act s106A. The request must be made public by the local authority and opponents have 21 days to come forward. Public-private partnership (PPP) models are a popular way for governments to integrate private investment, expertise and risk into infrastructure acquisition, with the potential to achieve a more efficient and cost-effective project. One of the most popular PPP models for the purchase of infrastructure For more information, please contact Catherine Montgomery on 020 7367 2476 or email cmm@cms-cmck.com The Scottish Government has opened consultations on its proposed temporary visit tax or “tourist tax” by 2 December 2019. Although Scotland has adopted its status as a tourist centre, this proposed tax could address concerns about the… If the application is rejected or if the local planning authority does not make a decision within 8 weeks, an appeal can be lodged with the Secretary of State and, if so, the matter is dealt with upon request. When changes are requested, the local planning authority must verify that the planning obligation would serve its purpose as well with the proposed amendment. It cannot make an amendment that would impose an obligation on a party other than the applicant.

If an amendment is adopted, it comes into effect from the date of the local authority`s finding. There are totally different procedures for amending or discharging s106 agreements and s52 agreements that can be invoked as follows. Section 106 Agreements The Financial Conduct Authority Handbook (FCA Handbook) contains source books to regulate the activities of a regulated company with an interest in insurers: the conduct of the business source (COBS) and the Insurance Conduct of Business Sourcebook (ICOBS).