Planning requests that require agreements under Article 106 shall be defined by the Development Management Committee. A form requesting a change or cancellation of a planning obligation is attached. A party against whom a unilateral agreement or obligation under Article 106 is applicable may apply to the local planning authority, at any time after the expiry of five years from the date of the act, to be discharged or amended in accordance with the Town and Country Planning Act s106A. Agreements s52 and s106 may be amended or complied with by agreement with the local planning authority and any other party to the original document. Any modification of a unilateral obligation s106 is also subject to the approval of the local planning authority. Requests to change or cancel planning obligations can be set by us in one of three ways: a planning obligation must be executed in the form of a document. If it is by appointment, it will be signed and sealed by us too. It will include agreements covering the obligations of the landowner: the procedure for enforcing an agreement under section 106 is detailed in TCPA 1990, s 106A. This procedure a If changes are envisaged, the local planning authority must verify whether the planning obligation would fulfil its purpose equally well with the proposed amendment. It may not make any amendment that would impose an obligation on a party other than the applicant. If an amendment is adopted, it takes effect from the date of the municipality`s notice of finding. Most planning commitments are conclusive and are referred to as Section 106 agreements.
Planning obligations must relate to a given area indicated in a plan or map attached to the obligation. In the case of an article 52 agreement or an agreement under article 106 of the old style (e.g. .B. before 25 October 1991), the only possibility is to apply to the Lands Tribunal for a discharge or an amendment to a restrictive covenant, in accordance with section 84 of the Prosperity Act 1925. This procedure does not specifically focus on planning agreements. The Landsgericht may adopt or amend a restrictive covenant where the restriction is obsolete due to changes in the nature of the property or the vicinity or other circumstances of the land; if its existence prevents a reasonable user of the land; or if the modification or discharge does not prejudice the rightholders. . . .