How Long Does A Section 106 Agreement Take

September 22nd, 2021

Articles 106(3), (4) and (9) often give rise to `Boilerplate` clauses in agreements which define the detailed rules for the implementation of the way in which persons may be released from their interests after the exemption, as well as, in the case of Article 106(9), the formalities required in such instruments. However, despite their many imperfections, the Section 106 agreements will continue to play an important role in the planning system to regulate the development and security of infrastructure, including affordable housing, given that some consider the CIL alternative too complex and rigid and unknown to many local planning authorities and the planning conditions are not adequate, ensure payment of funds and include detailed requirements such as mortgages. Exclusions. Some section 106 obligations are simple, while others are complex, but somehow planning for all eventualities is never easy. We regularly advise local authorities, developers and landowners on agreements under Section 106: Strategy, Design, Negotiation, Modification and Enforcement. If you have any questions about any of the points mentioned in this article or about Section 106 agreements in general, please contact Alex Minhinick or Gary Soloman. The other scenario is to submit a new construction application for a development identical to the one already authorized, but with another S106 or UU agreement. A new building permit necessarily requires a new S106 or UU agreement replacing the existing agreement. There is no planning fee to pay if the new application is submitted within twelve months of the last planning decision. A framework application can be an inexpensive alternative to a full application. Before you do that, you need to think about any other changes that may have occurred in the Planning Directive. For example, CIL may have been put in place or a new affordable housing policy has been adopted.

I discuss the impact of these reforms as well as the criticisms and persistent benefits of the Section 106 agreements and whether these agreements should still play a role or be limited to the pages of history. 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). The legal tests for when you can use an s106 agreement are set out in Regulations 122 and 123 of the Community Infrastructure Levy Regulations 2010 as amended….

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