Planning obligations can be renegotiated at any time if the local planning authority and the developer agree on this, but informal negotiations are often scattered and lead nowhere. S106A offers a more formal schedule that requires a decision in 8 weeks. Agreements of any generation may be subject to a request for amendment and will be successful if they no longer fulfil a useful purpose or if the revised proposed conditions were as effective as the original instrument. If the planning obligation is more than 5 years old, the application can normally be challenged with the planning inspectorate. Recent agreements can only be challenged through the judicial review procedure, which is a realistic option only in the most valuable cases. In practice, the test “no longer serves any useful planning purpose” is interpreted liberally, making these applications very unreliable. You will find the legislation on this link: unilateral commitments are almost identical to those concluded under Section 106, so our answers apply to both. We can help you review commitments and agree on the wording of the S106 agreement or unilateral commitment, even if you don`t need a profitability report. In addition, the guidelines specify that, following the Ministerial Declaration on Start Houses, NPPs should not strive to contribute to affordable housing under Section 106 of the Start-up House Development (but may still aim for s106, which mitigates the development impact). Ultimately, a new form of supply agreement (stand-alone or co-opted in all retained S106 elements) may be required to ensure the application of a portion of the new DSD payment to development infrastructure, social infrastructure and other reductions, including delivery times in accordance with the development agenda. Owen Devenport was ordered to apply to eliminate a Section 106 planning requirement, originally imposed to reduce the value of a dwelling to make it affordable for the local population. However, it was clear that the value of the property was much higher than what could be considered affordable, even if its value was reduced by the level required by the commitment.