Section 106 Agreement Roads
The exception, first introduced by housing and planning minister Brandon Lewis MP in the ministerial declaration of 28 November 2014, freed independent builders from the unpopular planning commitments under Section 106, which required them to transfer £10,000 of their budget for a new home to a payment for roads, schools, affordable housing and other municipal infrastructure projects. Article 123 of the CIL Regs encourages the authorities to introduce their Community Infrastructure Tax («CIL») as soon as possible by limiting the application of the obligations referred to in Section 106. It also aims to prevent double dumping from being provided by funds under Sections 106 and CIL for the same infrastructure. It provides that an obligation to finance or make available infrastructure (i.e. infrastructure financed either by the Authority`s CIL or infrastructure for which there is no CIL list of infrastructure) cannot constitute a ground for authorisation; and a planning obligation cannot constitute a ground for authorisation if that obligation relates to the financing or provision of a type of infrastructure and if five commitments or lus have been taken in respect of this type of infrastructure since April 6, 2010. The CIL or Section 106, including the highway plan, is designed, negotiated and completed as part of the planning process and the necessary work is often identified by our development control team. The technical element of approval of the application requires a complete set of drawings and calculations, as indicated in the Technical Authorization section. The term «adoption» can be used both with respect to the dedication of additional land as a highway and the acceptance of modifications to the existing highway. You can download a copy of the S38 Motorway Intake Agreement application form. 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. This article summarizes some of the key powers and practices related to the enforcement of Section 106 agreements.
There are two facets of agreements under Section 106: first, the legal jurisdiction of section 106 of the 1990 Act itself and the «related laws» that govern the powers of local planning authorities to enter into such agreements and, second, the obligations that may be lawfully sought. 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. S106 agreements should focus on the specific risk reduction needed for new development with respect to developer contributions. . . .