Agreements are a way to accomplish or address things that are necessary for development to be planningly acceptable. The nature of the contribution or obligation varies depending on the magnitude and nature of the proposed development and must therefore be assessed at the time of the application, in consultation with the relevant authorities, and an agreement being negotiated with the proponent. However, the general guidelines include the types of infrastructure or facilities for which the Commission provides for development: the planning obligations under Section 106 of the Town and Country Planning Act 1990 (as amended), commonly referred to as the S106 agreements, constitute a mechanism that makes a development project acceptable, which would not otherwise be acceptable. In November 2015, Brandon Lewis, then Minister of Planning, wrote to local authorities reminding them that they should be flexible in their Section 106 agreement requirements, given the particular circumstances of the site and changing circumstances. (Ref. Impact of social rent changes on the provision of affordable housing, November 9, 2015.) A consultation was launched in February 2015 to gather opinions on proposals to speed up Section 106 agreements. The consultation ended on March 19, 2015 and the government`s response was released a week later, on March 25. They focus on clearing and/or decongestion of the specific effects of development on the site. In some cases, in addition to the Community Infrastructure Tax (CIL), S106 agreements may be required. Changes to the government`s national planning framework provide for the development of 10 or more residential housing or constructions of 0.5 hectares or more through Section 106 agreements for affordable housing. In addition, developers have an “empty building credit” to encourage the re-commissioning of empty buildings. This page contains instructions on the use of legal agreements and obligations in a planning application. Wealden District Council often collects contributions on behalf of the Sussex East County Council for County Council expenses.
Each application is processed individually on its own merits and restrictions; therefore, requirements other than those mentioned above may be required. On August 6, 2020, the government released a white paper containing the Internet Plan for Planning for the Future, which proposes to reform the system of collecting a Community infrastructure tax for developments and the imposition of planning obligations (section 106 Agreements) to create a nationally defined flat-rate value levy called the “infrastructure tax.” For more information, see: Infrastructure Tax. Discussions on planning obligations should take place as early as possible in the planning process. The plans should set out policy measures for expected development contributions, to allow for a fair and open review of policies during the review. Local communities, landowners, developers, local (and, if applicable, national) infrastructure and affordable housing providers and operators should be involved in the definition of measures for expected development contributions.