The procedure for establishing an agreement under section 106 is described in detail in TCPA 1990, s 106A. The Council rejected the application, the family moved to the site in violation of planning control and the Council issued a notice of execution requesting them, inter alia, to leave the premises and restore it to its previous state. The solution The notice of execution was appealed, in particular because there was no change in use or, therefore, a violation of control of the planning. 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 The Landsgericht may adopt or amend a restrictive covenant where the restriction is obsolete due to changes in the nature of the property or the vicinity or other circumstances of the land; if its existence prevents a reasonable user of the land; or if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. An application was filed, but it was denied by the Commission. After this decision, he moved to the site in violation of planning control. Other pleas put forward were that, without prejudice to the intention not to have infringed the planning control, the building permit should be issued. They called for the dismissal of the agreement and the majority of the members of the committee agreed. 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. 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 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 solution A certificate of legality was requested to confirm that the legal use of the land is a dwelling house (use class C3). The application was submitted on the basis that the use, construction work or activity, in breach of the condition, began more than ten years before the date of the application. . .