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. Beyond these rules, sustainability and the economy as a whole play a role in determining the scope and scale that an agreement should have under Section 106. 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. These are legally binding agreements negotiated between the planning authority and the applicant/developer and all other parties who may have an interest in the land. A “unilateral commitment” is an agreement proposed independently by the applicants.

The planning obligations under Section 106 of the Planning and City Planning Act 1990 (as amended), commonly known as s106 agreements, constitute a mechanism that makes a development proposal acceptable in planning that would otherwise not 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. 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. There is always the opportunity to negotiate with planners; Offering different types, mixes and quantities of affordable housing and/or switched payments to create both the greatest benefit for you and satisfy the LPA. If an LPA refuses to negotiate, you can still accept the best agreement available under Section 106 and file a new application at a later date and, if necessary, appeal. S106 bonds can be waived in different ways depending on the stage of application. As explained in more detail below, an S73 application (section 73) can be used to remove or modify previous section 106 agreements, particularly if substantial changes in circumstances have occurred since the original agreement was signed. In an earlier phase of the process, a cost-effectiveness report can be used to demonstrate that the Section 106 application is not viable. There are also different negotiations that we can use depending on the application. Call us today for a free consultation.

The Government in response to its consultation on measures to speed up negotiations and the S106 agreement; with respect to affordable and student housing, planning guidelines (PPGs), particularly Section S106, but also related areas, including cost-effectiveness guidelines, have changed significantly.