Section 106 agreements are an increasingly important aspect of local authority planning in the UK. These agreements, also known as planning obligations, are legally binding agreements between developers and local authorities that aim to mitigate the impact of new developments on the surrounding area.
The agreements are designed to deliver community benefits that go beyond those already required by planning policies and regulations. They are typically used to secure contributions to infrastructure, such as schools, highways, and public transport, or to provide affordable housing.
Under the Town and Country Planning Act 1990, local authorities have the power to negotiate and enforce section 106 agreements. Developers are required to pay for the agreed-upon contributions before the development can take place.
The process of negotiating a section 106 agreement can be complex and time-consuming. Local authorities will often seek input from a range of stakeholders, including community groups and infrastructure providers, to identify the most pressing needs for the area.
Once negotiations are complete, the agreement is secured by a legal agreement. This agreement outlines the contributions that the developer is required to make, the timeframe for payment, and any other relevant details.
Section 106 agreements have become a crucial tool for local authorities in delivering much-needed community benefits from new developments. They have allowed for improvements in infrastructure and the creation of affordable housing, which would otherwise not have been possible.
However, there are some concerns about the use of section 106 agreements. Critics argue that they can lead to delays in the planning process and add extra costs for developers. There have also been accusations that some local authorities are over-reliant on section 106 contributions, leading to a lack of investment in infrastructure and other community benefits.
In conclusion, section 106 agreements are an essential tool for local authorities to secure contributions and improvements from developers. While there are some concerns about their usage, they have allowed for significant gains in infrastructure and affordable housing, making them a vital part of the planning process in the UK. As a professional, it is important to keep up-to-date with current planning policies and how they impact local authorities and developers.