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. These new appeal 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). With respect to developer contributions, the Community Infrastructure Tax (CIL) did not replace the Section 106 agreements, which strengthened the s 106 tests. S106 agreements on developer contributions should focus on correcting the specific weakening required for a new development. CIL was designed to address the broader effects of development. There should be no circumstances in which a developer pays CIL and S106 for the same infrastructure for the same development. 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. In addition, as a result of the Ministerial Statement on Start-Up Homes, the guideline states that LPAs should not seek contributions to affordable housing development for affordable housing (but may still target s106, which will mitigate the impact on development). 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. Local planning authorities in Staffordshire, including County Council, have teamed up to establish a standardised model for The Staffordshire Section 106 Agreements on development applications to Staffordshire District Council or District Councils. The planning obligation is a formal document, a document that states that it is a planning obligation, that the lands concerned, the person who is in the obligation and their interests, and the competent local authority that would enforce the obligation, be identified. Commitment can be a single commitment or a multi-party agreement. Legal audits of the date of use of a s106 agreement are set out in Regulations 122 and 123 of the 2010 EU Infrastructure Tax Regulation, as amended.