What Does Section 106 Agreement Mean

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    If you need help deleting or negotiating a Section 106 agreement, contact KSLaw. § 106 (S106) Agreements are legal agreements between local authorities and developers; these are related to planning approvals and can also be called planning obligations. The feasibility of a section 106 agreement is usually based on the following factors: The Head of Planning/Oversight Officer S106 is responsible for ensuring that all agreements are finalized prior to the commencement of the proposed work. You can download a blank standard agreement below to see the exact commitments you may need to make. The following examples are for illustrative purposes only. A section 106 agreement is an agreement between a developer and a local planning authority on the steps the developer must take to reduce its impact on the community. An agreement according to § 106 is intended to allow a development that would not otherwise be possible by obtaining concessions and contributions from the promoter. It is a section of the Spatial Planning Act 1990. Article 106 agreements are drafted when the development is expected to have a significant impact on the local area that cannot be tempered by conditions attached to an urban planning decision. The other scenario is to submit a new construction application for a development identical to the one already authorized, but with a different S106 or UU agreement. A new building permit necessarily requires a new S106 or UU agreement that replaces the existing agreement. No planning fee is payable if the new application is submitted within 12 months of the last planning decision. A framework application can be a cost-effective alternative to a detailed application.

    Before you proceed, you should consider any other changes that may have occurred in the planning policy. For example, the CIL may have been introduced or a new affordable housing policy may have been adopted. An agreement under § 106 must meet the following requirements: It is possible to replace an existing S106 agreement or unilateral obligation with a land development application without complying with the conditions previously imposed by submitting a construction application in accordance with S73 TCPA. This path does not change and does not impose any additional obligations of CIL. An S73 application creates a new building permit that requires a new S106 or UU agreement. .