Section 106 Agreements and Unilateral Undertakings are contracts, and therefore they are only renegotiable if both sides agree. There are two ways of doing this: submitting a duplicate planning application, or, in some cases, a Section 73 application. Both of these methods create new planning consents, requiring a fresh Section 106 Agreement.
A S73 (Section 73) application can be utilised to remove or vary any previous Section 106 agreement, particularly if there have been material changes of circumstance since the original agreement was signed. At an earlier stage of the process a viability report may be used to demonstrate that the Section 106 request is unviable.
It is possible to renegotiate Section 106 agreements. There are also various negotiations that we can utilise dependant on your application.
However it should be noted that this will not be effective if there is a pre-existing breach of the existing agreement. If you are in a situation where you are looking to renegotiate your Section 106 obligations, get in touch with us today.