S106 modified successfully

Bloomfields have successfully secured the modification of a S106 Agreement, the covenants of which required that the property shall be used only as an agricultural dwelling, and that the said agricultural dwelling should not be disposed of in isolation from the land to which the S106 was intended.

Bloomfields were able to successfully demonstrate that S106 obligations that tie ownership of an agricultural dwelling to a specific land holding are no longer regarded as appropriate, and that such obligations place an unwarranted restraint on land ownership and are not reasonable or necessary.  Consequently, the S106 Agreement was modified with the application property removed from the covenants of the S106.

The modification of the S106 Agreement will now permit the applicant to reside in their property without having to have a legal interest in the surrounding agricultural land.