What is a section 106 agreement in planning?

Section 106 (S106) Agreements are legal agreements between Local Authorities and developers; these are linked to planning permissions and can also be known as planning obligations.

Where can I get a copy of a section 106 agreement?

You can buy copies from the Land Registry.

What is a planning gain agreement?

Planning gain (also known as Section 106 Agreements or ‘planning obligations’) refers to developer obligations to obtain planning approval and require additional contributions provided to the Local Planning Authority.

How long is a section 106 agreement valid for?

five years
By Application An application for modification or discharge of s106 agreement can be made to the local planning authority after the expiry of the ‘relevant period’, and the “relevant period” is defined as five years since the beginning with the date that the s106 agreement is entered.

What is a section 106 restriction?

The term ‘Section 106 Agreement’ refers to Section 106 of the Town and Country Planning Act 1990. It is a legally binding contract that allows the local planning authority to create a restriction or obligation that is associated with the granting of planning permission.

Does section 106 still exist?

The Current Status of Section 106: What to Do if You are Building a New Home. If you are planning to build, contact your local authority and investigate their approach to Section 106 contributions. The majority are upholding the exemption, but some with a recently adopted Local Plan may take a different view.

How do you enforce a section 106 agreement?

If the s106 is not complied with, it is enforceable against the person that entered into the obligation and any subsequent owner. The s106 can be enforced by injunction. In case of a breach of the obligation the authority can take direct action and recover expenses.

Are Section 106 agreements public documents?

Section 106 Agreements: These are available to view via Public Access. They can be found by searching on the associated planning reference of a development. If you do require a copy, please contact Planning.

What is a Section 75 planning agreement?

So what is a Section 75 Agreement? Basically it is a contract entered into by the landowner and Local Authority as part of the planning application process. Such agreements may: Restrict the use of the land. Regulate activities on the land which is being developed.

What is needed for outline planning permission?

Applications for outline planning permission might also include:

  • A description of proposed works.
  • The number of dwellings and footprint of non-residential development.
  • The existing use.
  • Pedestrian and vehicular access, roads and right of way.
  • Waste storage and collection.
  • Materials and character.
  • Vehicle parking.

Can a Section 106 be overturned?

Under the Planning Act s106 (A) a person bound by the obligation can seek to have the obligation modified or discharged after five years. An appeal can be made if the authority does not modify the planning obligation as requested, or fails to make a determination within a specified time.

Who can enforce a section 106 agreement?

If a developer fails to meet its obligations in a section 106 agreement, the LPA can take action to enforce the obligation. The LPA has discretion in deciding whether, and how, to enforce a planning obligation, having regard to its planning objectives.