Section 106 Agreement Indexation
In terms of developer contributions, Community Infrastructure Levy (CIL) has not replaced the Section 106 agreements and the introduction of CIL has resulted in a strengthening of the 106 tests. With regard to developer contributions, S106 agreements should focus on the specific risk reduction needed for further development. CIL was designed to deal with the broader effects of development. There should be no circumstances in which a developer pays CIL and S106 for the same infrastructure with respect to the same development. Instructions for searching for Agreements under Section 106 by Construction Application Number are available in Section 106 Financial Transparency Schedule november 2017 (pdf). We can start negotiating these agreements before the developer files a construction application, and the execution of a commitment cannot be immediate if the development is important and is at different stages. The obligation can be either a bilateral agreement between us and the owner of the land, or unilateral commitments of the owner or developer of the land. The scope of these agreements must meet the following three notifications of the 2010 Community Infrastructure Regulation: the planning obligation is a formal document, a document that is a planning obligation, the land concerned, the person giving the commitment and his interest, as well as the competent local authority that would enforce the commitment: Identification. The obligation may be a single obligation or a multi-party agreement.
An application for amendment or discharge of an agreement under Section 106 shall not be subject to a fee if it is made by the Council. These agreements allow us to enter into a legally binding planning obligation with a developer as part of the granting of the building permit. These new application 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 does not replace provisions to amend an obligation established by the 1992 regulations and updated by the 2013 regulations (see above). If development is needed to support our planning policy, we can work with other organisations to determine what is needed for local institutions and the environment. In general, we will use Section 106 agreements to create new facilities or upgrade existing ones, not for operating costs or salaries. All parties involved must understand their obligations in order to know what is being asked of them and when. In exceptional circumstances, you can submit a request to modify or perform an obligation. Their application is reviewed and negotiated either by a planning agreement between the applicant and the Commission or by tailor-made fees agreed to by all parties. Signatories and/or responsible parties should bear in mind that if invoices have been taken for payment, they cannot be cancelled and the full amount of the invoice, plus indexation and accrued or incurred interest, must be paid. Section 106 Agreements are planning commitments we have made with developers to make acceptable an evolution that would otherwise be unacceptable in terms of planning.
In addition, the guidelines state that, following the Ministerial Declaration on Departure Houses, NPPs should not strive to contribute to affordable housing under Section 106 of the Start-up House Development (but may still aim for s106, which mitigates the impact on development. . . .