The feasibility of a Section 106 agreement will generally be based on the following factors: the planning obligations under Section 106 of the Town and Country Planning Act 1990 (as amended), commonly known as s106 agreements, are a mechanism that makes the planning right of a development proposal acceptable, which would not otherwise be acceptable. They focus on mitigating the impact of site-specific development. S106 agreements are often referred to as “developer contributions,” as well as highway contributions and the Community Infrastructure Tax. 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 (EC) 122 provides that an obligation can only be taken into account as a reason for issuing a building permit if it is in place: an appeal may be brought if the authority does not change the planning obligation as requested or does not make a decision within a specified time frame. Obligations that “are or must be made available to persons whose needs are not adequately served by the commercial housing market” fall within the scope of this new procedure.
The planning manager and Supervisor S106 is responsible for concluding all agreements before the planned work begins. Section 106 agreements can also be called S106 agreements or planning obligations or planning agreements in Section 106, but they are currently all the same and can be interpreted as equivalent terms. The other scenario is to reapply for a new planning application for an identical development already authorized, but with another S106 or UU agreement. A new building permit necessarily requires a new S106 or UU agreement that replaces the existing agreement. There is no planning fee to pay if the new application is submitted within 12 months of the last decision to approve the plan. A structure application can be a cost-effective alternative to a detailed application. Before doing so, you must consider other changes that may have been made to the Planning Directive. For example, the LIL could be introduced or a new affordable housing policy was put in place.