Dorset Council (West Dorset area): Dan Wilden is pleased to have successfully negotiated a variation to a Section 106 agreement in respect of approved affordable housing provision at a residential development scheme in Litton Cheney in West Dorset.
Planning permission had been granted for a development in 2020 to which a Section 106 applied requiring three of the dwellings to be “discount market units”. We were approached by a developer client who had agreed to purchase the site and develop in conjunction with a housing association. But the housing association wanted to retain the affordable housing units on the basis of two shared ownership houses and one for affordable rent. The Council’s Housing Enabling team were happy to agree the new tenure and so by mutual agreement the variation to the original Section 106 was made.
Variations to the substance of a Section 106 agreement are not particularly common. In the first five years there is no formal process for applications to vary or discharge an agreement – a variation can only take place by mutual consent with the Council. After five years since the agreement was completed a formal applicatation can be made which importantly means that if the Council do not agree, there is a right of appeal.
If you have a query about Section 106 agreements why not contact Pure Town Planning for advice?