Section 106 (S106) Planning Obligation
Modification and Discharge Services
TOWN AND COUNTRY PLANNING ACT 1990 (AS AMENDED)
THE TOWN AND COUNTRY PLANNING (MODIFICATION AND
DISCHARGE OF PLANNING OBLIGATIONS) REGULATIONS 1992
Former agricultural and local occupancy restrictions,
and "Annexe", also ties to land or buildings
Need to negotiate local planning authority
demands for developer contributions for infrastructure, affordable
housing, open or amenity space, education? Need a viability assessment?
Need a good service at a fair price? Currently working on several sites
in England and Wales, in many cases the sites are unviable or
contributions are minimal, site sizes range from 1 to more than 200.
Need to sell your home on the open market
because purchasers and lenders are non existent?
We modify, discharge or remove Section 106 planning obligations or agreements
restricting occupancy to local need, affordable housing or holiday let. In Gwynedd, Powys, Anglesey Ynys Mon, Conwy, Denbighshire, Dinbych,
Flintshire, Fflint, Wrexham, Wrecsam, Ceredigion, Pembrokeshire,
Carmarthenshire, Monmouth, Cornwall, Yorkshire Dales, Lake District or
anywhere else in Wales and England, the UK in fact. Also wrongly described as
affordable occupancy restriction for a local person. If your house
has one and the dwelling does not meet any reasonable definition of an
'affordable home or dwelling' please contact us ASAP, we will remove it
for you. In many cases the agreement is "fatally flawed" in that the
wording renders it unenforceable and therefore does not serve a proper
planning function or "useful purpose" as local authority planning
officers like to believe.
If you have an agricultural occupancy restriction or tie we can also
help you. Fisheries a speciality.
Also able to assist with Certificates of Lawful
Existing and Proposed Development
AB Permitted Development conversions of offices
and barns to dwellings. Also removed holiday occupancy conditions on
converted barns in Green Belt.
Planning consultancy work welcome, service offered by retired
Architectural Technician with a legal background. One Planet
Development, Sustainable Development, planning and boundary disputes,
easements, rights of way, covenants.
People who borrowed to build homes could become “mortgage prisoners” due
to onerous planning restrictions placed on them by local authorities,
Evan Owen has warned.
The former adviser and founder of the IFA Defence Union, said there was
a lack of providers offering finance for homes as they have section 106
planning conditions of the Town and Country Planning Act 1990 imposed on
This means that consumers could lose money on mortgage arrangement fees,
or they could be unable to secure a mortgage or remortgage on their
Gwynedd-based Mr Owen said: “These conditions are common on new property
developments in rural areas such as Wales, Cornwall, the Lake District
and the Yorkshire Dales.
“They mean that people building a new home often have to adhere to
strict conditions to get planning consent, such as ensuring the
occupants are local and that any future sale is at an affordable cost to
the local community.
“Houses in some cases have to be put on the market at 60 per cent of the
market value. This can leave homeowners with negative equity and the
reality is that most mortgage providers, and to that matter equity
release providers, will not touch them, and if they do, they are seen as
of a higher risk.”
It means a borrower could have spent thousands of pounds on fees before
finding out that they cannot get finance on the property.
However, if they do, they could find themselves stuck with the same
provider at vastly increased rates, or unable to remortgage as the
provider deems them to be too risky.
The Section 106 (local needs) clause of the Town and Country
Planning Act 1990 states that local authorities can impose
“any restriction or requirement” on a planning case to
protect a community from overdevelopment. An example of this
policy can be found in many rural regions in the UK, such as
Gwynedd in north Wales, where the policy is used to promote
the Welsh language by restricting migration by non-Welsh
Council of Mortgage Lenders spokesman Bernard Clarke agreed that lenders
were cautious when presented with a section 106 case in these
circumstances, and that the CML had lobbied local authorities over the
He said: “Mortgages are secured on property. If there are barriers
limiting the potential to sell the property, it is bound to be a concern
for the lender.
“The more restrictive the planning agreement, the more a lender sees it
as a risk and, consequently, they will be less likely to lend on that
case. Most lenders will consider each case on its individual merits, but
these types of restrictions do limit the pool of lenders.
Glyn Jones, owner of north Denbighshire-based Vale Financial Services,
said: “This is definitely a problem. I have experienced a few of these
cases and they tend to prove very restrictive when seeking finance. It’s
basically creating another type of mortgage prisoner as the lenders will
just find it easier to stay away from properties of this type.”