We have a development site which is subject to a section 106 Agreement for the provsion of affordable housing (site A).
The developer proposes that rather than provide the afforadable housing on site A that affordable units are provided on another site they are currently developing (site B). Site B already has a Section 106 Agreement for the provision of affordable housing. Site A is approx 3 miles from site B. The questions are:
(a) can a section 106 Agreement be completed on site A requiring the affordable housing to be provided on site B. Or
(b) would it need to be a Deed of Variation on site B requiring additional units.