Section 106 Agreements

S106 agreements are often referred to as developer.

Section 106 agreements. These are linked to planning permissions and can also be known as planning obligations section 106 agreements are drafted when it is considered that a development will have significant impacts on the local area that cannot be moderated by means of conditions attached to a planning decision. As such section 106 agreement documents should not provide for an agency s compliance with other statutes. Planning obligations in the form of section 106 agreements and section 278 agreements should only be used where it is not possible to address unacceptable impacts through a planning condition.

However section 106 agreements are solely for documenting an agency s compliance with section 106 of the nhpa and cannot modify or require an agency s compliance with other laws. 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. There are two facets to section 106 agreements firstly the statutory power in section 106 of the 1990 act itself and related legislation that govern the powers of local planning authorities to enter into these agreements and secondly what obligations may be lawfully sought.

Planning obligations under section 106 of the town and country planning act 1990 as amended commonly known as s106 agreements are a mechanism which make a development proposal acceptable in planning terms that would not otherwise be acceptable. The section 106 agreement completed in 2012 and which related to the 2012 planning permission secured 45 on site affordable housing and a number of financial contributions. Section 106 s106 agreements are legal agreements between local authorities and developers.

An agreement made under section 106 of the town and country planning act 1990 between a local authority and a developer. It is easy to see therefore why the council sought confirmation that those obligations applied to the development permitted under section 73 in 2015. A section 106 agreement is an agreement between a developer and a local planning authority about measures that the developer must take to reduce their impact on the community a section 106 agreement is designed to make a development possible that would otherwise not be possible by obtaining concessions and contributions from the developer.

This article summarises some of the main powers and practices relating to the use of section 106 agreements. In some circumstances resolution measures embodied in a. They are focused on site specific mitigation of the impact of development.