Planning Obligations Section 106 Agreement

With respect to developer contributions, the Community Infrastructure Tax (CIL) did not replace the Section 106 agreements, which strengthened the s 106 tests. S106 agreements on developer contributions should focus on correcting the specific weakening required for a new development. CIL was designed to address the broader effects of development. There should be no circumstances in which a developer pays CIL and S106 for the same infrastructure for the same development. The application and appeal process will only assess the viability of the need for affordable housing. It will not reopen other planning policy considerations or verify the benefits of the authorized plan. Local planning authorities should use all the funds they receive as part of planning commitments, as defined in individual agreements, to make development planning acceptable. As a general rule, agreements should include clauses indicating when and how funds are used and allow them to return after an agreed period, if not. If Merton`s position changes while applications or complaints are reviewed, applicants can be expected to submit additional information and S.106 agreements (affordable housing contribution guarantee) to satisfy us or the inspectors to ensure that Merton`s political requirements are met. Planning obligations are legal obligations that are taken to mitigate the effects of a development proposal. Planning obligations help mitigate the effects of unacceptable developments to make them planning acceptable. Planning obligations can only be one reason for obtaining a building permit if they meet the necessary tests to make development planning acceptable. They must be: applicants are not required to accept a proposed planning obligation.

However, this may lead to a refusal of a building permit or a non-determination of the application. Failure to do so or to deny a building permit may be subject to appeal. We can begin to negotiate these agreements before the developer submits a planning request and the delivery of a commitment cannot be made immediately if the development is significant and evolves at different stages. The online map contains links to the current agreements in section 106. This was established and adopted at the same time as Merton`s Planning Request Validation Checklist, which contains revised local requirements for information to be submitted with a planning request.