This is often reflected in the text of the committee`s report to members, in which the planning officer both confirms that these tests have been verified and sets out the rationale for the commitments. In some cases, applicants may propose obligations that do not pass these examinations. This may be a risky approach, unless there is clear evidence that members were instructed not to consider the undertaking and did not do so when the application was approved. Even under these conditions, the non-compliant obligation may be threatened by a legal remedy. In addition to the introduction of the IL, the proposals examine the prevention of the use of Section 106 agreements for infrastructure provision. Payments or the provision of, for example, open spaces, community facilities, family doctor`s offices, etc., are often guaranteed by an agreement under Section 106. Under the new regulations, it was only possible to secure them through the IL. NaCSBA, the National Custom and Self Build Association, committed to the exemption because the payments – to mitigate the impact of a large development on local infrastructure – were disproportionate to the impact of small developments, especially detached houses, and without recognizing the exceptional costs for the development of a small site. The amendment and implementation of the obligations under Article 106 is governed by Section 106A, which authorizes derogations: at any time, by mutual agreement between the Authority and those against whom the obligations are enforceable.
Once an application is made, Section 106A (6) determines the decisions the Authority can make. A claim mechanism is contained in Section 106B, for which the procedure is governed by the 1992 Planning Regulation (modification and relief of planning obligations). An amendment was made to the 1992 Regulation (February 28, 2013) and it is now possible to amend the planning obligations that were signed between March 28, 2008 and before April 6, 2010. As a result, commitments made three years ago can now be challenged. This change will not be relevant after April 6, 2015.