The Growth and Infrastructure Act (paragraph 7) introduces new clauses in the s106 of the Urban Planning and Planning Act 1990, which introduces a new application and claim procedure for the review of planning obligations for planning permissions for the provision of affordable housing. The amendments require a Council to assess feasibility arguments, renegotiate the level of affordable housing previously agreed in an S106, modify the need for affordable housing, or present itself as a vocation. 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. The application and appeal process will only assess the viability of the need for affordable housing. It will not reopen other planning policy considerations or verify the benefits of the authorized plan. With respect to developer contributions, the Community Infrastructure Tax (CIL) did not replace the Section 106 agreements, which strengthened the s 106 tests. S106 agreements on developer contributions should focus on correcting the specific weakening required for a new development. CIL was designed to address the broader effects of development. There should be no circumstances in which a developer pays CIL and S106 for the same infrastructure for the same development.
This website provides advice and links on standard agreement and bond models under Section 106. Models may not be appropriate in all cases, but even for the most complex applications, they should still be able to be used as a general framework that can be modified or supplemented by custom clauses. Models are expected to simplify and expedite the implementation process for Section 106 obligations. They should also reduce the amount of time an applicant`s lawyer spends preparing the document and, if properly completed and filed, the time that council lawyers spend. This should help to minimize the cost of legal services. 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.