Compliance with the formalities of Article 106(9) must therefore be considered at the beginning of any debate on the applicability of an obligation. However, it remains to be seen whether the Tribunal would nevertheless authorise the execution of an agreement in which the formalities were carried out essentially and not by letter. Finally, it should be noted that the proceedings were a part 8 application of the Chancery Division (i.e. it is not a substantive factual dispute), but the application of this procedure was challenged by the respondent, the defendant`s mortgages, who wanted to challenge a number of the factual allegations at issue. DCLG has published a guide to support changes to the Growth and Infrastructure Act 2013, which contains more detailed information on what is needed to change the provision of affordable housing in a Section 106 commitment and assess change requests. It is a guide to the format of the application, complaint and evidence; in particular the necessary evidence of viability and how it should be assessed. In addition, the guidelines specify that, following the Ministerial Declaration on Start Houses, NPPs should not strive to contribute to affordable housing under Section 106 of the Start-up House Development (but may still aim for s106, which mitigates the development impact). In this case, it was a request for a declaration by the motorway authority seized concerning the construction of a contract on page 106. The clauses at issue required the payment of contributions (1) for transport management („and for no other use“) and (2) for a landfill road, providing for the reimbursement of amounts that were not „consumed“ once the development was fully exploited. The courts are generally prepared to enforce the conventions referred to in article 106. As previously stated, Hallyard succeeded the original Covenantee under an agreement of 106. City Council was concerned about enforcing the agreement and was granted a finding of its merits, particularly with regard to the affordable housing obligations in the agreement.
In this case, the importance of ensuring that the obligation complies with the legal requirements of Article 106(1) is underlined. 9 corresponds to: implementation as an instrument, recognition of the planning obligation for the purposes of the section, identification of the land, etc. by the Government in response to its consultation on measures to accelerate negotiations and the S106 agreement; and contribution to affordable and student housing has made substantial changes to the Planning Policy Guidelines (PPG), particularly section S106, but also to related areas, including the Sustainability Guidelines. The planning obligation is a formal document, a document indicating that it is a planning obligation, the relevant land, the person giving the commitment and his or her interest, and the competent local authority that would enforce the commitment. The obligation may be a single obligation or a multi-party agreement. Wokingham demanded payment of dues….