What Section 106 Agreement

Section 106 contributions (also known as planning obligations or unilateral obligations) are required by law to mitigate the impact of your development on a local community and infrastructure. These are requested by the local planning authorities (LPAs) during the process of obtaining building permits and guaranteed by a legal agreement governed by S106 of the Planning Act 1990. The content of the S106 agreement is agreed with the parties concerned and the planning officer during the consultation phase of the construction application. Legal agreement S106 can be prepared by counsel for the Council, and claimants must pay attorneys` fees without VAT. The Chief Planning Officer/Supervisory Officer S106 is responsible for ensuring that all agreements are made prior to the planned construction accident. § 106 (S106) Agreements are legal agreements between local authorities and developers; these are related to planning approvals and can also be called planning obligations. Planning obligations can be renegotiated at any time if the local planning authority and the developer agree on them, but informal negotiations often get bogged down and lead nowhere. S106A offers a more formal schedule that requires a decision in 8 weeks. Agreements in any year are subject to a request for amendment and will be entered into if they no longer serve any purpose or if the revised proposed conditions would serve the original purpose as effectively as the original statement. If the urban planning obligation dates back more than 5 years, the application can be contested in the usual way with the urban planning inspectorate. More recent agreements can only be challenged through the judicial review procedure, which is a realistic option only in the most valuable cases. The criterion “no longer serves a meaningful planning purpose” is interpreted liberally in practice, making these applications very unreliable.

Legislation can be found under this link: An agreement according to § 106 must meet the following requirements: According to the agreement, developers make their contributions according to § 106 when work begins on the site, is completed or the site is occupied….