What are s106 agreements?

Section 106 (S106) Agreements are legal agreements between Local Authorities and developers; these are linked to planning permissions and can also be known as planning obligations.

How long does a Section 106 agreement take?

Most LPAs take time to deal with Section 106 viability reports; the vetting and negotiation process is unlikely to be complete in less than 8 weeks.

How do I get a Section 106 agreement?

To request a Section 106 agreement you need to download, complete and return the application form. You can read our guidance notes on how to complete the form and the information you have to supply. Once you have completed the form, you need to send it to our Development Management team.

Who can enter into a section 106 agreement?

Anyone with an interest in the development land must enter into the Section 106 Agreement. This means that the landowner as well as their lender (if there is a mortgage secured against the property) must be a party to the Section 106 Agreement.

What is a section 106 restriction?

The term ‘Section 106 Agreement’ refers to Section 106 of the Town and Country Planning Act 1990. It is a legally binding contract that allows the local planning authority to create a restriction or obligation that is associated with the granting of planning permission.

What is the difference between CIL and s106?

CIL is different to S106 in that it is levied on a much wider range of developments and according to a published tariff schedule. This spreads the cost of funding infrastructure over more developers and provides certainty as to how much developers will have to pay.

How do I get a hold of s106 agreement?

Can I view and obtain copies of the S106 agreement? You can also email [email protected] with the planning reference number for the copy of the S106 agreement.

Are Section 106 agreements public documents?

Section 106 Agreements: These are available to view via Public Access. They can be found by searching on the associated planning reference of a development. If you do require a copy, please contact Planning.

What is a section 106 property?

A Section 106 is a legal agreement between an applicant seeking planning permission and the local planning authority, which is used to mitigate the impact of your new home on the local community and infrastructure.

What is the purpose of a s106 agreement?

Planning obligations, also known as Section 106 agreements (based on that section of The 1990 Town & Country Planning Act) are private agreements made between local authorities and developers and can be attached to a planning permission to make acceptable development which would otherwise be unacceptable in planning …

What is a section 106 payment?

Section 106 agreements can be used to: restrict the development or use of land. require specific operations or activities to be carried out in relation to the land. require payment of a sum or sums of money – e.g. towards future maintenance costs. require land to be used in a certain way.

How do I cancel a Section 106 agreement?

unfortunately, where a local authority is able to cite legitimate policy grounds for refusing consent to remove a s106 obligation, a s106 obligation cannot be removed unilaterally.

What are the obligations of the S106 agreement?

The S106 will vary depending on the nature of the development and based on the needs of the District. The most common obligations include:- The content of the S106 agreement is agreed through the consultation period of the planning application with the relevant parties and planning officer.

What are the legal agreements under Section 106?

Section 106 (S106) Agreements are legal agreements between Local Authorities and developers; these are linked to planning permissions and can also be known as planning obligations.

How can a S106 planning agreement be changed?

The agreement can be modified or discharged either by agreement with the ‘appropriate authority’ (i.e the local authority) (if the planning obligation is less than 5 years old) or by applying to the enforcing local authority after 5 years from the planning obligation being set out (or if it predates April 2010). Why can a s106 Agreement be changed?

Where does the S106 process start and end?

2.2 The S106 process begins with the planning authority on receiving either an informal consultation or a planning application, contacting the County Council. Highways comments are provided on behalf of the County Council by the Highways Development Control Team in the Transport Planning and Policy Unit, based at County Hall.