The local planning authority is empowered to fulfill a planning obligation if it « no longer fulfils any useful objective. » The planning obligations of the Planning Act 1990 and the planning agreements of 1990 are land royalties and, as such, land royalties with the land up to respect for the land, have been varied or formally reduced according to the corresponding formalities. In the case of a Section 52 agreement or an old-style agreement (i.e., an agreement reached before October 25, 1991), the only option is to ask the Lands Tribunal for discharge or modification of a restrictive contract under Section 84 of the Property Act 1925. This procedure is not specifically focused on agreement planning. The regional court may lighten or amend a restrictive contract if the restriction is obsolete due to changes in the nature of the land or neighbourhood or other circumstances of the land; If its existence prevents a reasonable user of the land; or if the modification or discharge is not detrimental to the beneficiaries. A Section 52 agreement is a series of planning obligations under the Town and Country Planning Act 1971 (TCPA 1971) for certain lands. It was amended in 1990 in Section 106 of the Town and Country Planning Act 1990 (TCPA 1990). Both the Section 52 agreements and the section 106 agreements should make an acceptable development, which would not be acceptable from a planning point of view. When changes are requested, the local planning authority must verify that the planning obligation would serve its purpose as well with the proposed amendment. It cannot make an amendment that would impose an obligation on a party other than the applicant. If an amendment is adopted, it comes into effect from the date of the local authority`s finding.
S52 agreements and s106 agreements may be amended or unloaded by agreement with the local planning authority and any other party to the original document. Any change to a unilateral s106 obligation is also subject to approval by the local planning authority. A party subject to a Section 106 agreement or a unilateral obligation may, at any time after five years from the date of the facts, ask the local planning authority to unload or amende it in accordance with the Planning Act s106A. If the application is rejected or if the local planning authority does not make a decision within 8 weeks, an appeal can be lodged with the Secretary of State and, if so, the matter is dealt with upon request. The procedure for unloading a Section 106 agreement is detailed in TCPA 1990, s 106A. This process, a public-private partnership (PPP) model, is a popular way for governments to include private investment, expertise and risks in infrastructure acquisition, with the potential to achieve a more efficient and cost-effective project.