Negotiating Section 106 Planning Obligations
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Negotiating Section 106 Planning Obligations
The introduction of Community Infrastructure Levy led many to assume that the s.106 planning obligation regime (providing for legal obligations to be entered into to mitigate the impacts of development) would disappear. Instead, the regime has had renewed importance, used in relation to financial contributions to infrastructure, public open space, affordable housing and other matters. Limitations on the use of planning obligations are set out in the Community Infrastructure Levy Regulations 2010; they must be (1) necessary to make the development acceptable in planning terms, (2) directly related to the development, and (3) fairly and reasonably related in scale and kind to the development. All those with an interest in the land – including mortgagees – are usually required to join in, which can give rise to problems and delay. We can:
- Negotiate and draft s.106 agreements
- Deal with the concerns of secured lenders who are being asked to join in; and
- Deal with variations of existing agreements, under s. 106A of the Act.
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