What To Look For In A Section 106 Agreement

An agreement to amend or implement a planning obligation can be concluded at any time (and can only be concluded by the budget covered in Section 106A (2). Therefore, a s106 agreement can be renegotiated and varied at any time between the parties. 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. 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. The guidelines also state that “delays may be time-limited or related to the government`s broader legislative approach and the removal of CIL relief… Although, in this case, we encourage the use of a return stop date. The government encourages local planning authorities to take a “pragmatic and proportionate approach to the implementation of Section 106 planning obligations during this period” to help remove barriers faced by proponents and minimize site shutdowns. If you want to participate in the development of residential real estate (or new construction), you will probably need to know the agreements of Section 106. While this is a fairly broad topic, hopefully, our summary below will give you a good summary of the important details. 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. An application to amend or discharge the s106 agreement may be submitted to the local planning authority after the expiry of the “relevant period” and the “relevant period” is defined as five years since the beginning of the date the S106 agreement was concluded.