(8) The reader can now appreciate the problem of implementing positive alliances. s106 deals with this problem directly beyond s106 (2) its provisions have been enforceable against landowners and s106 (5) enforceable in untenable order. Planning obligations bind the rights holders, i.e. future purchasers of a part of the country subject to the obligations, since they are considered to be exploited with the land. This means that a planning obligation may be imposed both against the confederation of origin (usually the owner of the construction zone) and against anyone who later acquires an interest in the land. Even if a subsequent purchaser of a single home did not participate in the Section 106 agreement, which is subject to the agreement of Section 106, for example if the developer is not financially sound or cannot be found, the APA could take coercive action against the purchaser as a legal successor. The conclusion is that what appears to be a matter of convenience for local authorities to impose registrations on the land registry often has significant adverse consequences for developers and landowners, unless special attention is paid to the exact wording. The fervour of obtaining a building permit or obtaining a call for planning often means that there is often no time to carry out this careful assessment of the long-term consequences, resulting in delays or a worse end later. DCLG has published a guide to support changes to the Growth and Infrastructure Act 2013, which provides more detailed information on what is needed to modify and evaluate requests to amend the accessibility system in section 106. It is a guide to the form of the application, complaint and evidence; evidence of cost-effectiveness and how they should be assessed. 3. Limitation of the authorized use of land subject to the agreement s106.
3. This section does not apply if the pre-building permit was issued on the condition of the date on which the development to which it relates began and that this period ended without development being initiated.” Beyond the difficulties of common law and justice, there are two legal bases for the repeal/modification of a restrictive, positive or negative confederation.