Section 106 Agreements

admin | 06 October 2021 | Uncategorized | | 0 Comments   

§ 106 (S106) Agreements are legal agreements between local authorities and developers; they are linked to planning permissions and can also be described as planning obligations. These are called planning agreements or planning obligations. They are legally binding, accompanied by a building permit and are taken between the Council and the developers/landowners. These agreements are a means of providing or addressing the issues necessary to make an evolution in planning concepts acceptable. They are increasingly used to support the provision of services and infrastructure such as highways, recreational facilities, education, health and affordable housing. The Planning Officer / S106 Monitoring Officer is responsible for the completion of all agreements prior to the planned closure. The Council is very careful to ensure that the money collected from agreements is spent properly. How it is spent is set out in our annual report on how we use the money for the good of the Community. the Government in response to its consultation on measures to expedite negotiations and the S106 agreement; and contribution to affordable and student housing has made substantial changes to the Planning Policy Guidelines (PPG), particularly section S106, but also to related areas, including the Sustainability Guidelines.

These new application and appeal procedures do not replace existing powers to renegotiate section 106 agreements on a voluntary basis. In addition, with respect to affordable housing, this provision does not replace provisions to amend an obligation established by the 1992 regulations and updated by the 2013 regulations (see above). DCLG has published a guide to support changes to the Growth and Infrastructure Act 2013, which contains more detailed information on what is needed to change the provision of affordable housing in a Section 106 commitment and assess change requests. It is a guide to the format of the application, complaint and evidence; in particular, what is the evidence of viability and how it should be assessed. . . . .