Section 52 Agreement Enforcement

A party against whom a unilateral agreement or obligation under Article 106 is applicable may apply to the local planning authority, at any time after the expiry of five years from the date of the act, to be discharged or amended in accordance with the Town and Country Planning Act s106A. The procedure for establishing an agreement under section 106 is described in detail in TCPA 1990, s 106A. This procedure a Planning obligations under section 106 of the Town and Country Planning Act 1990 and planning agreements under section 52 of the Town and Country Planning Act 1971 (now replaced) are land debts and, as such, run and bind the country until they are complied with, vary or be formally lightened depending on the corresponding formalities. Agreements s52 and s106 may be amended or complied with by agreement with the local planning authority and any other party to the original document. Any modification of a unilateral obligation s106 is also subject to the approval of the local planning authority. A Section 52 agreement is a set of planning obligations contained in the Town and Country Planning Act 1971 (TCPA 1971) which relate to certain lands. In 1990, it was amended in section 106 of the Town and Country Planning Act 1990 (TCPA 1990). Both the Agreements under Article 52 and the agreements provided for in Article 106 should make acceptable a development that would otherwise be unacceptable from a planning point of view. In the case of an agreement under section 52 or an agreement under section 106 of the old style (i.e. an agreement concluded before 25 October 1991), the only way is to apply to the Lands Tribunal for discharge or amendment of a restrictive agreement under section 84 of the Prosperity Act 1925.

This procedure does not specifically focus on planning agreements. The Landsgericht may adopt or amend a restrictive covenant where the restriction is obsolete due to changes in the nature of the property or the vicinity or other circumstances of the land; if its existence prevents a reasonable user of the land; or if the modification or discharge does not prejudice the rightholders. There are completely different procedures for the variation or execution of agreements s106 and s52, which can be invoked as follows. § 106 Agreements Public-private partnership (PPP) models are a popular way for governments to integrate private investment, expertise and risk into infrastructure acquisition, with the potential to provide a more efficient and cost-effective project. . . .