Local Planning Authority Section 106 Agreement

Conditions are negative. Positive commitments can be guaranteed by negative conditions, such as. B a condition that requires the complete repair or registration of a monumental heritage before the advantageous use of the premises. However, if it is not possible to create a condition that would be effective in fulfilling an obligation, for example. B because the positive obligation may come after the completion of the work and the benefits of the proponent, a planning obligation, possibly enforceable by an injunction, may be appropriate. The infrastructure funding plan must indicate the amount of allocation or planning commitment expenditures when appropriations have been allocated. This means that the local authority has decided to allocate funds to a specific infrastructure or project position. 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. Pre-application discussions may prevent delays in the completion of planning applications, which are granted subject to the conclusion of planning commitment agreements. The terms of contributions to the shuttle should be part of discussions between a developer and a local planning authority and reflected in any planning commitment agreement. Agreements should include clauses indicating when the local planning authority should be informed of the completion of units as part of development and when funds should be disbursed.

Both parties can use the issuance of a planning certificate (a certificate of completion when issued by a local authority and a certificate of approval issued by a certified inspector) as a trigger for payment. Local planning authorities are encouraged to inform and involve at an early stage all interested parties in the country and, if necessary, the local (and, if applicable, national) infrastructure providers and managers involved, including, if necessary, county councils, in order to avoid any delays in the process. Section 106 of the Planning Act 1990 also allows landowners to set planning obligations: planning measures should be defined in plans and subject to public audit. The political requirements must be clear in order to be accurately accounted for in the price paid for the country. This means that, subject to the completion of the three tests under REGULATION 122 of the CIL, pricing authorities may use funds from both the levy and the planning obligations of Section 106 to pay for the same infrastructure element, regardless of the number of planning obligations that have already contributed to an infrastructure element. Planning obligations should be negotiated so that decisions on planning applications can be made within the legal time frame or within a longer period of time, provided that a written agreement is reached between the local planning authority and the applicant.