Can you vary a section 52 agreement

Practical Law's employees are not practising solicitors or barristers. The Ask scope and rules apply. Anonymous Private practice. Add reply. Related Content. I have clients who are bound by a section 52 planning agreement. They wish to have it discharged. It would seem that the procedures in section A 1 for applying to the local planning authority for the modification or discharge of a planning obligation only apply to a "planning obligation" as defined in section 1.

The latter section allows any person interested in land to enter into an agreement containing specified terms. Company Click to edit. Company No Content This field is required.

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Practice Areas you work in Click to edit. Practice Areas you work in No Content This field is required. Number of of Fee Earners. Number of of Fee Earners Click to edit. Office postcode. Office postcode Click to edit. Office postcode No Content This field is required. Public Law. Legal Categories. Discover LexisPSL. News 4. Is this correct? A development site is made up of two parts—one larger part where the main development for example a block of flats will take place and a second smaller adjoining piece of land where a single garage will be built.

The larger piece of land is owned by the developer and the smaller piece of land is owned by a third party. If the developer accepts responsibility for the Community Infrastructure Levy CIL liability for the whole development, what would happen if the developer became insolvent and had not paid the CIL liability?

Is there a risk that the third party could become liable for the whole of the CIL liability on the developer's insolvency? Can a local planning authority enter into a deed of variation under section A of the Town and Country Planning Act with itself as landowner? We would like to use cookies that will enable us to analyse the use of our websites and to personalise the content for you.

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