Model Planning Obligation (Section 106) Agreement

In designated rural areas, local planning authorities may instead decide to set their own lower threshold in the plans and to request affordable housing contributions through developments above that threshold. Designated rural areas apply to rural areas described in section 157(1) of the Housing Act 1985, which includes national parks and areas of outstanding natural beauty. In terms of developer contributions, Community Infrastructure Levy (CIL) has not replaced the Section 106 agreements and the introduction of CIL has resulted in a strengthening of the 106 tests. With regard to developer contributions, S106 agreements should focus on the specific risk reduction needed for further development. CIL was designed to deal with the broader effects of development. There should be no circumstances in which a developer pays CIL and S106 for the same infrastructure with respect to the same development. Under the Regulations on the Community Infrastructure Tax, any authority which receives a development contribution through the rebate or planning obligations provided for in Article 106 must draw up a declaration of infrastructure financing. County councils are also part of it. use of planning obligations and process for modifying commitments.

Local planning authorities are required to keep a copy of the planning obligation, together with any changes to or compliance with the planning obligation, and to make it publicly available in their planning register. An appeal to the Planning Inspectorate, in accordance with section 106B of the Town and Country Planning Act 1990, must take place within six months of the local authority`s decision not to change the obligation or within six months from 8 weeks from the date of the amendment in the absence of a decision. The Minister of Foreign Affairs also has the power to authorize appeals that are not on time. The planning obligations under section 106 of the Town and Country Planning Act 1990 (as amended), known to all as the s106 agreements, are a mechanism that makes a development proposal acceptable from a planning perspective that would otherwise not be acceptable. They focus on reducing the impact of development per site. S106 agreements are often referred to as “developer contributions” as well as Levy highway contributions and community infrastructure. 204. Planning obligations should only be sought if they meet all of the following controls: planning obligations may be renegotiated at any time if the local planning authority and the developer so wish. In the absence of a voluntary renegotiation agreement and if the planning obligation is prior to April 2010 or more than 5 years, an application for a modification of the obligation may be made to the local planning authority if it “no longer serves a useful purpose” or if it continues to serve a useful purpose in a modified manner (see section 106A of the Town and Country Planning Act 1990). You must sign and date your declaration and submit it with your planning request. Planning obligations are also generally referred to as “section 106”, “s106” and “developer contributions” when they are taken into account in addition to contributions to motorways and the Community infrastructure tax. Planning obligations help mitigate the effects of an unacceptable development in order to make it acceptable in planning concepts.

Planning obligations can only be a reason for granting a building permit if they fulfil the conditions necessary to make the construction defensible from a planning point of view. They must be as follows: in order to collect data for the infrastructure financing certificate, it is recommended that local authorities monitor the data relating to the planning obligations provided for in Article 106 and the issuance according to the government data format. Local planning authorities should use all funds they receive through planning commitments, in accordance with the terms of the individual planning agreement.. . . .