Planning Practice Guidance S106 Agreement

In the unusual situation where the only non-CIL payments are very small amounts, it may be worth paying the amounts in question to the local planning authority and entering into a much shorter agreement under other powers (not Section 106), or even obtaining a “reverse” obligation from the Commission to facilitate the early granting of the building permit. Planning obligations can be renegotiated at any time if the local planning authority and the developer wish. In the absence of a voluntary renegotiation agreement and if the planning obligation is prior to April 2010 or is more than 5 years old, an application to amend the obligation may be made to the local planning authority if it “no longer serves a useful purpose” or if it continues to be used in a modified manner for a useful purpose (see Section 106A of the Planning Act 1990). In order to collect data for infrastructure funding, local authorities are advised to monitor section 106 planning and collection data based on the government`s data format. An amendment was made to the 1992 Regulation (February 28, 2013) and it is now possible to amend the planning obligations that were signed between March 28, 2008 and before April 6, 2010. As a result, commitments made three years ago can now be challenged. This change will not be relevant after April 6, 2015. The possibilities for the common use of planning obligations are the guarantee of affordable housing and the definition of the nature and date of that dwelling; to make financial contributions to the provision of infrastructure or affordable housing. But these are not the only uses for a s106 obligation. A s106 commitment may be that while this will likely continue to generate the need for a Section 106 agreement for most housing projects, the question still deserves to be asked, especially when the municipal infrastructure tax is to be paid in the area and the main vehicle is to guarantee financial contributions to local infrastructure.

It is not appropriate for planners to set new programming rates for planning obligations in supplementary planning documents or supporting documents, as they would not be reviewed. While standardized or formal evidence may have characterized the identification of needs and costs and the definition of planning policies, the decision maker must ensure that any planning obligations are consistent with the legal controls under Rule 122. This means that when a formal approach to developer contributions is adopted, the levy can be used to address the cumulative effects of infrastructure in an area, while planning obligations are appropriate for financing a project directly related to that specific development.