Section 106 Agreement Obligations

Planning obligations should not be required for a construction consisting solely of building a dwelling or extending it to an existing house. Discussions on planning obligations should take place as early as possible in the planning process. The plans should set out policy measures for expected development contributions, to allow for a fair and open review of policies during the review. Local communities, landowners, developers, local (and, if applicable, national) infrastructure and affordable housing providers and operators should be involved in the definition of measures for expected development contributions. Pre-application discussions may prevent delays in the completion of planning applications, which are granted subject to the conclusion of planning commitment agreements. Some s.106 planning application agreements that have been validated since July 2008 and a selection of previous agreements can be accessed in the planning request dataset that links the s.106 agreement in the Planning Explorer. Restrictions on planning obligation applications do not apply to development in derogatory rural areas – although affordable housing and tariff contributions should not be required by a construction consisting solely of the construction of a residential crop or an extension within the curtilage of buildings that include an existing house. Planning obligations should be negotiated so that decisions on planning applications can be made within the legal time frame or within a longer period of time, provided that a written agreement is reached between the local planning authority and the applicant. In designated rural areas, local planning authorities can instead set their own lower thresholds in plans and seek affordable housing from developments above this threshold.

Designated rural areas apply to rural areas described in accordance with Section 157, paragraph 1 of the Housing Act 1985, which includes national parks and areas of outstanding natural beauty. The planning manager and Supervisor S106 is responsible for concluding all agreements before the planned work begins. Affordable housing planning obligations should only be considered for residential construction, which is an important development. After the introduction, the Community infrastructure tax can be levied on all dimensions of development throughout the territory. Therefore, the levy is the most appropriate mechanism to record contributions from developers from small developments. DCLG has published a guide to support changes to the Growth and Infrastructure Act 2013, which provides more detailed information on what is needed to modify and evaluate requests to amend the accessibility system in section 106. It is a guide to the form of the application, complaint and evidence; evidence of cost-effectiveness and how they should be assessed. A fee is levied because of the additional costs incurred by the Commission, and this fee reflects the magnitude of the work associated with it, including any work that has been discontinued. This fee is payable immediately before the conclusion or after notification that the agreement cannot be obtained.