Q&As

Where there are separate section 52 and section 106 agreements over a property, and the council has confirmed that the section 106 has been discharged, is the section 52 also discharged?

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Produced in partnership with Abbie Pritchard-Hooper of IBLaw
Published on LexisPSL on 05/12/2016

The following Planning Q&A produced in partnership with Abbie Pritchard-Hooper of IBLaw provides comprehensive and up to date legal information covering:

  • Where there are separate section 52 and section 106 agreements over a property, and the council has confirmed that the section 106 has been discharged, is the section 52 also discharged?
  • Is the procedure for discharging a section 52 agreement the same as a section 106 agreement?

Where there are separate section 52 and section 106 agreements over a property, and the council has confirmed that the section 106 has been discharged, is the section 52 also discharged?

A section 52 agreement is a set of planning obligations contained in the Town and Country Planning Act 1971 (TCPA 1971) relating to specific pieces of land. In 1990 it was amended into section 106 of the Town and Country Planning Act 1990 (TCPA 1990). Both section 52 agreements and section 106 agreements were and are intended to make development acceptable which would otherwise be unacceptable in planning terms.

Is the procedure for discharging a section 52 agreement the same as a section 106 agreement?

The procedure for discharging a section 106 agreement is detailed in TCPA 1990, s 106A. This procedure applies specifically to planning obligations as defined in TCPA 1990, s 106(1) and therefore does not relate to section 52

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