A Section 106 agreement, also known as a planning obligation, is a legal agreement between a developer and a local planning authority that outlines specific requirements that must be met in order for a development to be approved. These requirements may cover anything from affordable housing provisions to infrastructure improvements.

In some cases, a developer may wish to have a Section 106 agreement removed after it has been signed. However, removing a Section 106 agreement is not an easy task.

Firstly, it is important to note that once a Section 106 agreement has been signed and adopted by the local planning authority, it becomes a legally binding contract. This means that both the developer and the local planning authority are obligated to follow the terms of the agreement.

To have a Section 106 agreement removed, the developer must first apply to the local planning authority for a modification or discharge of the agreement. This process involves a formal application, which must be submitted along with supporting evidence detailing the reasons for the proposed changes.

The local planning authority will then consider the application and may consult with relevant parties, such as local residents and stakeholders, before making a decision. If the application is granted, the Section 106 agreement may be modified to reflect the changes proposed by the developer.

However, it is important to note that the local planning authority has the power to refuse an application to modify or discharge a Section 106 agreement. In such cases, the developer may wish to appeal the decision to the Planning Inspectorate, an independent body that oversees planning appeals.

In summary, while it is possible to have a Section 106 agreement removed, it is not an easy process. Developers must go through a formal application process and provide compelling reasons for the proposed changes. Ultimately, it is up to the local planning authority to decide whether or not to grant the application, and the decision may be appealed if necessary.