Contingent obligations
The London Plan, Published by the Mayor of London in March 2016, defines contingent obligations as: ‘The use of S106 agreements to enable and define mechanisms for the re-appraisal of viability prior to the implementation of schemes in whole or in part which are likely to take many years to implement. These mechanisms recognise the need to maximise reasonable affordable housing provision, and to address the economic uncertainties which may arise over the lifetime of a proposal. Such provisions are sometimes incorrectly called ‘overage’ provisions.’
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