Section 106 of the Town – Country Planning Act 1990 provides that a local planning authority can enter into an agreement with anyone interested in the route on its territory to limit or regulate their development or use. A Section 106 agreement is a contract of engagement between a developer, a landowner and a local planning authority. An agreement to amend or implement a planning obligation can be concluded at any time (and can only be concluded by the budget covered in Section 106A (2). Therefore, a s106 agreement can be renegotiated and varied at any time between the parties. 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. 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. 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. If your S106 agreement or unilateral commitment undermines the viability of your development, you can replace existing commitments with a new building permit.
1) Within five years of the execution of the commitment, at any time in agreement between us and the person or person against whom the undertaking is enforceable. Section 106A (11) of the 1990 Act stipulates that a planning obligation may be amended or fulfilled at any time in agreement between the competent authority and the person against whom it is enforceable. The competent authority is the Mayor of London (where the planning obligation is enforceable), the Secretary of State (if it is an authorization obligation) and the local planning authority (in all other cases). A party subject to a Section 106 agreement or a unilateral obligation may, at any time after five years from the date of the facts, ask the local planning authority to unload or amende it in accordance with the Planning Act s106A. S52 agreements and s106 agreements may be amended or unloaded by agreement with the local planning authority and any other party to the original document. Any change to a unilateral s106 obligation is also subject to approval by the local planning authority. An S106 agreement is in principle a contract; as such, all unresolved obligations are replaced by the new building permit and the accompanying S106 agreement, while maintaining the obligations previously triggered. 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.