This may be done through a planning agreement entered into in accordance with section 106 of the Town and Country Planning Act 1990 by a person interested in the country and the local planning authority; or by a unilateral commitment made by a person interested in the land, without the local planning authority. Planning obligations – sometimes referred to as section 106 agreements – are legally enforceable obligations, pursuant to section 106 of the Town and Country Planning Act 1990 (as amended). They are negotiated and implemented between a developer and the Local Planning Authority (LPA) to allay the PLA`s concerns about the cost of providing new infrastructure for an area. If you need help deleting or negotiating an agreement under Section 106, contact KSLaw. A Section 106 agreement may be amended or discharged and the assistance of a planning expert should be used to help negotiate this process. 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. A developer and a local planning authority may enter into an agreement containing obligations of the developer or both parties that support obtaining a building permit or a classified building permit. Sometimes a developer may offer to do something in return for authorization or consent without the request or agreement of the local authority, and these are called « unilateral commitments ». All of these planning obligations are generally referred to as s106 agreements, depending on the provision they allow (1). Under the Regulations on the Community Infrastructure Tax, any authority which receives a development contribution through the rebate or planning obligations provided for in Article 106 must draw up a declaration of infrastructure financing. County councils are also part of it.
The agreements referred to in Article 106 shall be drawn up if it is considered that a development will have a significant impact on the local territory, which cannot be tempered by conditions linked to a planning decision. From the 2019/2020 financial year, any local authority that has received contributions from property developers (Article 106 Planning obligations or municipal infrastructure tax) must publish online an infrastructure financing certificate until 31 December 2020 and until 31 December of each year. Proof of infrastructure funding must cover the previous fiscal year from April 1 to March 31 (note that this differs from the fiscal year that runs from April 6 to April 5). . . .