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. Section 106, paragraph 1, point (a) – (d) sets limits on the types of commitments that can be made. These are known parameters, but may be overlooked if both parties (the developer and the planning authority) agree in the terms phase of the terms. For example, there is jurisprudence on the imposition of obligations preventing local residents from applying for parking cards as a relatively young example of commitments that are usually made but are considered by the Court to be outside jurisdiction. The amendment and implementation of the obligations under Article 106 is governed by Section 106A, which authorizes derogations: at any time, by mutual agreement between the Authority and those against whom the obligations are enforceable. Once an application is made, Section 106A (6) determines the decisions the Authority can make. A claim mechanism is contained in Section 106B, for which the procedure is governed by the 1992 Planning Regulation (modification and relief of planning obligations). New restrictions on Section 106 obligations, which were achieved in 2010 in the form of the Community Infrastructure Tax Regulation (“CIL-Regs”).
In general, infrastructure financed by the CIL should not be guaranteed by the obligations provided for in point 106. It was therefore assumed that the introduction of CIL would significantly reduce the length and complexity of commitments. CIL-Regs: the tests previously presented in the guidelines, which is a legal obligation to include in legislation (Regulation 122); and the nature and number of sectional contributions that can be guaranteed for infrastructure (limiting pooling in Regulation 123). Regulation 122 provides that an obligation can only be taken into account as a reason for issuing a building permit when it is in place: these new application and appeal procedures do not replace existing powers to renegotiate Section 106 agreements on a voluntary basis. In addition, with respect to affordable housing, this provision is not a substitute for provisions to amend a requirement established by the 1992 regulations and updated by the 2013 regulations (see above). Adopt the draft agreement and sign the final agreement. Section 106 of the agreements are developed when it is considered that a development will have a significant impact on the territory, which cannot be mitigated by conditions related to a decision to approve the plan. Send a letter confirming that the legal agreement has been fully complied with. Within 10 days of receiving relevant information from the applicant, this is in simple cases. Within 28 days for more complex chords and applications.
Section 106 is a legal agreement between an applicant applying for a building permit and the local planning authority, which is used to mitigate the impact of your new home on the local community and infrastructure. In other words, a new house means a different car on the streets and maybe your kids will visit nearby schools, which will weigh a little more heavily on local services.