What Is A Section 52 Agreement In Planning

When a planning request requires agreement on the planning obligation under section 106, the applicant or agent is notified as soon as possible, usually during the pre-application phase, provided that a pre-nomination notice has been requested. 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. Requests to amend or cancel planning obligations can be set by us in one of three ways: in the event of an agreement under Section 52 or an old-style agreement (i.e. say an agreement reached before October 25, 1991), the only option is to ask the regional court to discharge or amend a restrictive contract under Section 84 of Property Law 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 The regional court may lighten or amend a restrictive contract if the restriction is obsolete due to changes in the nature of the land or neighbourhood or other circumstances of the land; If its existence prevents a reasonable user of the land; or if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. Most planning obligations are by appointment and are called Section 106 of the agreement. Planning obligations must relate to a specific area in a plan or map assigned to the commitment. Planning obligations are accounted for as local land taxes. If the land is subject to a planning obligation that has not been complied with (or is not respected), owners may find that some agreements date back to the period prior to the 1990 Act, when they were known as Section 52 Agreements. The provisions of Section 52 were similar, but not identical to Section 106, and all Section 52 agreements are still enforceable.

Planning obligations can be met either by the conclusion of a unilateral undertaking, in which the owner/developer unilaterally agrees to contribute financially to various infrastructure requirements, or by entering into a legal agreement s106 concluding a multilateral agreement between all parties (. B for example, owner/developer, Dacorum Borough Council, Hertfordshire County Council). 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.

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