Where To Find Section 106 Agreements

Development conditions should only be imposed if they are necessary, relevant to planning and eligible, enforceable, accurate and appropriate for development in all other respects (6). With respect to proponents` contributions, the Community Infrastructure Tax (CIC) has not replaced section 106 agreements, and the introduction of the ICA has resulted in a tightening of section 106 testing. As regards the contributions of promoters, the S106 agreements should focus on mitigating the specific risks required for a new development. CIL is designed to respond to the broader impact of development. There should be no circumstances in which a developer pays CIL and S106 for the same infrastructure in connection with the same development. The provision of affordable housing should not be requested for subdivisions that are not major developments, except in designated rural areas (where the policy may provide for a lower threshold of 5 units or less). In order to support the reuse of brownfield sites where vacant buildings are reused or rehabilitated, the contribution due to affordable housing should be reduced by an appropriate amount. www.legislation.gov.uk/ukpga/1990/8/section/106 Not all LPAs adhere to these guidelines, as they may ignore the NPPF if their local plan is up to date and there are specific local circumstances (see: Secretary of State for Communities and Government v West Berkshire District Council and Reading Borough Council: [2016] EWCA Civ 441). If you are in this position, we can research local planning guidelines and advise you accordingly. Regardless of the affordable housing threshold your LPA has adopted, we will strive to help you by sharing our expertise and preparing a profitability report in support of your development application or appeal.

the Government in response to its consultation on steps to expedite negotiations and the S106 agreement; and contributions to affordable and student housing have made significant changes to the Planning Policy Guidelines (PPG), particularly Section S106, but also to related areas, including the Sustainability Guidelines. Planning obligations under section 106 of the Planning Act 1990 (as amended), commonly referred to as agreements s106, are a mechanism that makes a development proposal acceptable from a planning perspective that would otherwise not be acceptable. .

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