If you`re involved in a development project, it`s likely that at some point you`ll come across a Section 106 agreement. This is a legal agreement between a developer and the local authority that sets out specific obligations for the developer, such as providing affordable housing or contributing to local infrastructure.
However, it`s not uncommon for circumstances to change during a project, which may require alterations to the Section 106 agreement. Here`s how to go about varying a Section 106 agreement.
Step 1: Review the Agreement
The first step in varying a Section 106 agreement is to review the existing agreement and identify the specific parts that need to be changed. This may involve consulting with the local planning authority to ensure that any proposed changes are acceptable.
Step 2: Draft a Variation Agreement
Once you`ve identified the changes that need to be made, the next step is to draft a variation agreement. This should specify the changes you wish to make to the original Section 106 agreement, and should also include any additional obligations or contributions that you are proposing.
Step 3: Negotiate with the Local Authority
Before any variation agreement can be approved, it will need to be negotiated with the local planning authority. This may involve several rounds of negotiation to ensure that the proposed changes are acceptable to all parties.
Step 4: Seek Legal Advice
Before finalising any variation agreement, it`s important to seek legal advice to ensure that the new agreement is legally binding and enforceable. This may involve consulting with a solicitor or other legal professional who is experienced in this area.
Step 5: Submit the Variation Agreement
Once the variation agreement has been finalised and approved by all parties, it should be submitted to the local planning authority for approval. This may involve paying a fee, which will vary depending on the local authority.
In conclusion, varying a Section 106 agreement can be a complex and time-consuming process, but it`s essential if circumstances change during a development project. By following these steps and seeking professional advice where necessary, you can ensure that any proposed changes are made in a legally binding and enforceable manner.