Section 106 of the Town & Country Planning Act 1990 provides that a local planning authority may enter into an agreement with any person interested in land in its territory to limit or regulate its development or use. An agreement within the meaning of Article 106 is a contract of engagement concluded between a real estate developer, a landowner and a local planning authority. The unilateral commitments are almost identical to those concluded under section 106, so our responses apply to both. We can help you review commitments and agree on the wording of the S106 agreement or unilateral commitment, even if you don`t need a profitability report. An agreement to amend or fulfil a planning obligation may be concluded at any time (and may only be concluded by the act referred to in Article 106a(2)). The Planning White Paper (PWP) proposes to replace the Section 106 agreements and the Community Infrastructure Levy at the local level (the PWP proposes that CIL, levied by London/regional mayors, remain in place) with a single Infrastructure Tax (IL) which reads as follows: write to the Planning Case Manager or Compliance Officer to confirm that all aspects of the legal agreement have been Respected. 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.
If you would like advice or support on how to amend or comply with an agreement under Section 106, please contact us and we will be happy to assist you. Send a letter confirming that the legal agreement has been fully respected. It is always possible to negotiate with planners; through the offer to provide different types, mixes and quantities of affordable housing and/or shuttle payments to create both the greatest value for you and to satisfy the AMP. If an LPA refuses to negotiate, you can always accept the best agreement available under Section 106 and subsequently submit a new application and, if necessary.