This page contains standard answers to frequently asked questions about section 106 of the agreement and the Community infrastructure tax (for local authorities where there is a Community infrastructure tax policy). Question 4 below also contains a link to a series of standard definitions as a guide to the development of Section 106 agreements. For more information and details on specific applications, please contact the planning department of your local planning agency. The planning obligation is a formal document, a document that states that it is a planning obligation, that the lands concerned, the person who is in the obligation and their interests, and the competent local authority that would enforce the obligation, be identified. Commitment can be a single commitment or a multi-party agreement. Beyond these rules, sustainability and the economy as a whole play a role in determining the scope and scale that an agreement should have under Section 106. S106 agreements are bespoke documents that are relevant to individual development proposals. However, the Strategic Housing Partnership has developed a guide for NYCYER Standard Definitions – Guide and is currently developing guidelines on clauses. The S106 agreements are public documents, your local planning authority can give you an example of one that has recently been agreed in their field. A s106 agreement must first be signed for applications for which it is necessary to guarantee development requirements that cannot be met by planning conditions.
The planning obligation will ensure that the points necessary for acceptable development (in accordance with planning/guidance policy) are available for further development. Otherwise, the evolution would be rejected. The Government in response to its consultation on measures to speed up negotiations and the S106 agreement; with respect to affordable and student housing, planning guidelines (PPGs), particularly Section S106, but also related areas, including cost-effectiveness guidelines, have changed significantly. Section 106 of the agreements are developed when it is considered that a development will have a significant impact on the territory, which cannot be mitigated by conditions related to a decision to approve the plan. This legislation to verify planning agreements, which are not feasible, has now come to an end and one of the options mentioned above should therefore be used. The planning obligations under Section 106 of the Planning and City Planning Act 1990 (as amended), commonly known as s106 agreements, constitute a mechanism that makes a development proposal acceptable in planning that would otherwise not be acceptable. They focus on mitigating the impact of site-specific development. S106 agreements are often referred to as “developer contributions,” as well as highway contributions and the Community Infrastructure Tax. A Section 106 agreement is an agreement between a developer and a local planning agency on what steps the developer must take to reduce their impact on the community. An agreement under Section 106 should allow for development that would otherwise not be possible by receiving concessions and contributions from the promoter. It forms a section of the Town And Country Planning Act 1990. As a result, Section 106 agreements often require a financial contribution before the project begins.
Unlike the community infrastructure tax, Section 106 is calculated on the basis of the specific needs of the local population and some councils use the number of rooms in the new home to decide the nature of the tax.