A variation of a s106 agreement, also known as a section 106 agreement, is a modification made to an existing agreement between a local authority and a developer. The purpose of a s106 agreement is to ensure that the developer provides certain community benefits in exchange for their development.

Typically, a s106 agreement will require the developer to provide affordable housing, make contributions to local infrastructure, or provide green spaces, among other obligations. However, due to significant changes in the local area or unforeseen circumstances, it may be necessary to change the terms of a s106 agreement. This is where a variation of a s106 agreement comes into play.

A variation of a s106 agreement can be initiated by either the local authority or the developer. The process involves negotiating new terms and conditions with the other party, followed by a formal application to the local planning authority. Once the application is submitted, it will be subject to a public consultation period, during which time interested parties have the chance to comment on the proposed changes.

The local authority will then consider the application and make a decision on whether to approve the variation. If the variation is approved, it becomes legally binding and the developer must adhere to the new terms and conditions moving forward.

There are many reasons why a variation of a s106 agreement may be necessary. One common reason is changes in the local economy or market conditions. For example, if there is suddenly a high demand for retail space in the area, the developer may want to change the type of development they are providing. In this case, the s106 agreement would need to be changed to reflect the new plans.

Another reason for a variation of a s106 agreement could be changes to the infrastructure in the area. For example, if a new school is built nearby, the original s106 agreement may need to be changed to require the developer to contribute more funds to the local education system.

Overall, a variation of a s106 agreement is a useful tool for developers and local authorities to ensure that the community benefits from new developments. While it may add some complexity to the development process, ultimately, it allows for better collaboration and flexibility in ensuring that the community’s needs are met.