It is mandatory to procure user consent prior to running these cookies on your website. Where up to date policies have set out the contributions expected from development, planning applications that comply with them should be assumed to be viable. This should include contributions needed for education, based on known pupil yields from all homes where children live, along with other types of infrastructure including affordable housing.Plan makers and decision makers should consider existing or planned/committed school capacity and whether it is sufficient to accommodate proposed development within the relevant school place planning areas. You can If you are unable to view documents of these types, our Your comments will not be published on this website and are subject to our
The developer has legal interests in most of the site. More frequent reporting would help to further increase transparency and accountability and improve the quality of data available. All the members of our planning group are therefore regularly concerned with the advising on planning obligations in the context of planning applications and appeals.Members of Chambers have expertise on planning viability issues, including in relation to affordable housing. Plans should set out the contributions expected from development towards infrastructure and affordable housing. County councils can also be statutory consultees in the planning application process as set out in Local planning authorities are encouraged to use and publish standard forms and templates to assist with the process of agreeing planning obligations. We also use non-essential cookies to help us improve our digital services.The nature of planning obligations and the legislative requirements which govern their use means that each obligation needs to be considered individually having regard to the site specific circumstances of a development proposal. For example there is case law concerning imposing obligations preventing residents from applying for parking permits as a relatively recent example of obligations commonly entered into, but held by the Court to fall outside the powers.Sections 106(3), (4) and (9) often lead to "boilerplate" clauses in agreements, setting out enforcement provisions, how persons may be released from liability once parting with their interest, and also in the case of s106(9) the formalities required in such instruments.The method of enforcing a section 106 agreement is also contained in the section itself which allows for injunctions and also the authority entering onto the land to carry out operations itself, and charge the cost back to the person against whom the Agreement is enforceable.Modification and discharge of section 106 obligations is governed by section 106A, which allows for variations: by agreement at any time between the authority and the persons against whom the obligations are enforceable. Infrastructure funding statements can be a useful tool for wider engagement, for example with infrastructure providers, and can inform Statements of Common Ground. section 106A. Section 106 – enforcement (2) • Registrable as local land charge • Evidence of discharge – no statutory requirements • Limitation for breach: 12 years • Modification and discharge: –By deed only (s106A) –If agreement of all parties/successors, can do at any time –Hostile application after 5 … This article summarises some of the main powers and practices relating to the use of section 106 agreements. This should provide clarity and transparency for communities and developers on the infrastructure and affordable housing that is expected to be delivered. As developers usually have three years to commence a development once planning permission is granted, it can therefore take a number of years before section 106 contributions are received by the council from the time permission was originally granted.Each section 106 agreement is different and will include individual requirements as to how the contributions are spent. Agreements should normally include clauses stating when and how the funds will be used by and allow for their return, after an agreed period of time, where they are not.Planning obligations for affordable housing should only be sought for residential developments that are major developments. Our barristers and staff are now working remotely and we have the technology in place to continue providing our normal level of service during this unprecedented time. Local authorities can also report this information in authority monitoring reports but the authority monitoring report is not a substitute for the infrastructure funding statement.For information on what an infrastructure funding statement must contain see ‘What data should be in an infrastructure funding statement?’.The infrastructure funding statement must set out the amount of levy or planning obligation expenditure where funds have been allocated. The section does not require that all persons interested in the land are required to enter into the obligation. Government funding and delivery programmes do not replace the requirement for developer contributions in principle.Plan makers and local authorities for education should therefore agree the most appropriate developer funding mechanisms for education, assessing the extent to which developments should be required to mitigate their direct impacts.Plans should support the efficient and timely creation, expansion and alteration of high-quality schools.
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