Planning Practice Guidance: Understanding the s106 Agreement
The planning system in the UK is a complex process, and one of the key elements is the s106 agreement. This is a legally binding agreement between a local authority and a developer that outlines the contributions that the developer will make towards infrastructure, such as schools, roads, and community facilities.
As a professional, it’s important to understand the significance of the s106 agreement in the planning process and how it impacts different stakeholders. In this article, we’ll take a closer look at what the s106 agreement is, how it works, and what the current planning practice guidance says about it.
What is an s106 agreement?
An s106 agreement is a type of planning obligation that is entered into by a developer and a local authority. It’s a legally binding agreement that sets out the contributions that the developer will make towards the infrastructure of the local area to mitigate the impact of their development.
The contributions can include financial payments, provision of affordable housing, or funding for community facilities, amongst other things. These contributions are agreed upon during the planning application process and are secured using a legal agreement, usually in the form of a Section 106 agreement. This helps ensure that the contributions are delivered and that the local authority has the necessary funding to provide infrastructure improvements.
How does an s106 agreement work?
The s106 agreement is entered into during the planning application process, and the contributions required from the developer are negotiated between the developer and the local authority. These contributions are then secured through the s106 agreement, and the developer is legally bound to deliver them.
Once the development has been built, the local authority will monitor the contributions to ensure that they are delivered in accordance with the s106 agreement. If the developer fails to deliver the contributions, the local authority has the power to take legal action to enforce the agreement.
What does the planning practice guidance say about s106 agreements?
The planning practice guidance (PPG) sets out the government’s policies on planning in England and how the planning system should be applied. In terms of s106 agreements, the PPG states that they should only be used where they are necessary to make a development acceptable in planning terms.
The PPG also sets out how contributions through s106 agreements should be calculated and secured. It advises that contributions should be proportionate to the scale and impact of the development, and that they should be secured in a timely manner to ensure that the necessary infrastructure is in place when the development is completed.
Conclusion
In conclusion, the s106 agreement is a vital element of the planning process in the UK. It helps ensure that developers contribute towards the infrastructure of the local area, and that the necessary funding is in place to provide the necessary upgrades.
As a professional, it’s important to understand the significance of the s106 agreement in the planning process and to be able to communicate it effectively to different stakeholders. By understanding what the agreement is, how it works, and what the planning practice guidance says about it, you can help ensure that your content is accurate and informative.
