Section 106 agreements may also be called section 106 planning agreements or commitments, or section 106 development agreements, but they all refer to the same thing and can be interpreted as equivalent terms. A section 106 agreement must meet the following requirements: Legal checks of when you can use an S106 agreement are set out in Regulations 122 and 123 of the Community Infrastructure Charge Regulations, 2010, as amended. § 106 (S106) Agreements are legal agreements between local authorities and developers; These are linked to building permits and can also be qualified as urban planning obligations. Planning obligations, also known as agreements under Section 106 (based on this section of the 1990 Spatial Planning Act), are private agreements between local authorities and developers and can be linked to a building permit to allow for acceptable development that would otherwise be unacceptable in terms of planning. The land itself, not the person or organization developing it, is bound by an agreement under section 106 that any prospective owner must consider. MHCLG launched a consultation in September 2017 on planning the right apartments in the right places. In the consultation paper, MHCLG argued that a simpler, faster and more transparent feasibility assessment could lead to better use of Article 106 agreements. The method of enforcing an agreement under section 106 is also included in the section itself, which allows for injunctions and the authority that addresses the country to conduct transactions itself and reimburse costs to the person against whom the agreement is enforceable. Section 106 of the Planning Act 1990 itself establishes the legal regime for what can be guaranteed as „planning obligations“, provided that persons interested in land can make such commitments (although the agreements in article 106 are also autonomous contracts and are required by law) and are concluded as deeds. Much of the „hub“ of section 106 agreements stems from the section itself, as discussed below.
The article does not require that all persons interested in the country be obliged to make the commitment. However, it is clearly better to ensure, if possible, that everyone does so so that no part of the development can move forward without triggering the Agreement under Article 106. In some circumstances, some plots may not need to be immobilized (if there is little or no development in the land and/or if the owners cannot be found or will not sign). This must be carefully assessed on a case-by-case basis. This is now often reflected in the wording of the committee`s relevant report to members, in which the planning officer confirms that these tests have been considered and sets out the rationale for the commitments. In some cases, candidates may want to offer engagements that do not pass these tests. This can be a risky approach unless there is clear evidence that members were ordered to disregard the obligation and did not do so when approving the application. Even in these circumstances, the non-conforming obligation may be subject to judicial review.
DCLG has published a guidance document in support of the amendments to the Growth and Infrastructure Act, 2013, which provides more detailed information on what is needed to establish the conditions for amending and assessing applications to change the provision of affordable housing in a section 106 commitment. It is a guide to the format of the application, appeal and evidence; in particular, what proofs of concept are required and how they should be assessed. Where the agreements contain commitments relating to motorways, whether for work on the adopted motorway or the acceptance/dedication of land as a new motorway, sections 38 and 278 of the Motorways Act 1980 may apply. These sections govern how land may be accepted by the local road authority as a public highway that may be maintained at the expense of the State (s. 38), or obtain money for work on the existing road, or allow the developer to procure such work on its own. Such provisions are usually the subject of a separate agreement, but it is not unknown that agreements under Article 106 also serve as road agreements. Planning obligations under section 106 of the Planning Act 1990 (as amended), commonly referred to as the S106 Agreements, are a mechanism that makes a development proposal acceptable compared to planning that would otherwise not be acceptable. They focus on mitigating the impact of development on the site. The S106 agreements, as well as motorway contributions and the Community infrastructure charge, are often referred to as „promoters` contributions“. You must inform us if you are about to start working so that we can then charge the required contribution fee.
Once the contribution is received, we will monitor the Commission`s use of that money to ensure that it is being used for the right purposes. Please note that the monitoring fee is payable at the time of signing the legal agreement on the S106. In addition, following the Ministerial Declaration on Start-up Houses, LPAs should not request Article 106 contributions for affordable housing from start-up house projects (but can still apply for Article 106, which mitigates the development impact). Article 123 of the CIL Regulation encourages public authorities to introduce their Community infrastructure charge (`the CIL`) as soon as possible by limiting the application of the obligations laid down in Section 106. It also aims to avoid double dips thanks to the funds guaranteed by Article 106 and the CIL for the same infrastructure. It provides for an obligation to finance or provide infrastructure (i.e., infrastructure financed either by the Authority`s CIL or by infrastructure for which there is no list of infrastructures (CIL) do not constitute grounds for authorisation; and a planning obligation does not constitute grounds for authorisation where that obligation relates to the financing or provision of a type of infrastructure and five or more separate commitments have been made in respect of that type of infrastructure since 6 April 2010. the Government in response to its consultations on measures to expedite negotiations and the Article 106 Agreement; and with respect to contributions to affordable housing and student residences, significant changes have been made to the Land Use Planning Policy Guidelines (PPG), in particular section S106, but also to related areas, including the Sustainability Guidelines […].