Section 106 Agreement

Planning obligations in the form of Section 106 and section 278 agreements should only be used when unacceptable effects cannot be remedied by a planning condition. Local planning authorities are expected to use all funds they receive under planning obligations, in accordance with the provisions of the Individual Planning Commitment Contract. This will ensure that new developments are acceptable from a planning point of view; local authorities and helping to make local infrastructure available. Under the Community Infrastructure Tax Regulations, any authority that receives a development contribution through the Section 106 levy or planning obligations must prepare an infrastructure funding statement. County councils are part of it. These agreements allow us to enter into a legally binding planning obligation with a developer in the context of granting the building permit. Discussions on planning obligations should take place as early as possible in the planning process. The plans should set out policy measures for expected development contributions, to allow for a fair and open review of policies during the review. Local communities, landowners, developers, local (and, if applicable, national) infrastructure and affordable housing providers and operators should be involved in the definition of measures for expected development contributions. Pre-application discussions may prevent delays in the completion of planning applications, which are granted subject to the conclusion of planning commitment agreements.

In designated rural areas, local planning authorities can instead set their own lower thresholds in plans and seek affordable housing from developments above this threshold. Designated rural areas apply to rural areas described in accordance with Section 157, paragraph 1 of the Housing Act 1985, which includes national parks and areas of outstanding natural beauty. Royalties may constitute a fixed percentage of the total value of the Section 106 agreement or an individual obligation; or may be a fixed amount by agreement commitment (for example. B for in-kind benefits). The authorities may decide to set fees using other methods. However, in all cases, surveillance fees must be proportionate and proportionate and reflect the actual cost of monitoring. The authorities could consider setting a cap to ensure that royalties are not excessive. If you need help deleting or negotiating a Section 106 agreement, contact KSLaw.

A Section 106 agreement may be amended or unloaded to seek the assistance of a planning expert when negotiating this process. In order to collect data for infrastructure funding, local authorities are advised to monitor section 106 planning and collection data based on the government`s data format. In some cases, it may be useful to consider cooperation agreements to use the expertise of officials from other local planning authorities or contractual agreements to call on outside experts, so that planning obligations can be agreed quickly and effectively. Local planning authorities and developers can discuss the provision of additional resources to enable a rapid definition of planning obligations, for example. B in the processing of important and possibly detailed planning requests. With respect to developer contributions, the Community Infrastructure Tax (CIL) did not replace the Section 106 agreements, which strengthened the s 106 tests. S106 agreements on developer contributions should focus on correcting the specific weakening required for a new development. CIL was designed to address the broader effects of development.

There should be no circumstances in which a developer pays CIL and S106 for the same infrastructu