During the pandemic, a number of councils have been pragmatic and willing to accept forms of legitimate enforcement of Section 106 agreements or obligations that they would not normally do. However, given that the country is the result of the pandemic, it is not certain that any of these methods remain acceptable or are part of normal practice. While this probably continues to create the need for a Section 106 agreement for the majority of housing construction projects, the issue is still worth considering, especially when the municipal infrastructure tax is due in the region and is the main instrument for ensuring financial contributions to local infrastructure. A Section 106 is a legal agreement between an applicant applying for a building permit and the local planning authority that is used to mitigate the impact of your new home on the local community and infrastructure. In other words, a new home means another car on the streets and maybe your kids will attend nearby schools, which weighs a little more on local services. However, a local planning authority has always been allowed to expedite the process of executing a Section 106 agreement by allowing the parties to execute a number of “quid pro quos” distinct from the act. During the coronavirus pandemic, many planning processes have been delayed; The implementation of section 106 agreements has also been more difficult. Given that the country is emerging from lockdown, this is a good time to check how companies are tackling “planning commitments” in order to achieve timely and inexpensive results. “Planning obligations under Article 106 and agreements under Article 278 should be invoked only if it is not possible to remedy unacceptable effects by a planning condition.” The NPPG confirms that, although “.
In most cases, a negative condition, which limits development and may take place until a planning obligation or other agreement is concluded, is probably not appropriate. it can nevertheless”. exceptional circumstances… ” in the “. a negative condition requiring the closure of a planning obligation or other agreement before a particular development can begin may be appropriate… In an unusual situation where only non-CIL payments are made for very small amounts, it may be worthwhile to deposit the amounts in question with the local planning authority and enter into a much shorter agreement under other powers (not section 106), or even to obtain a “reverse” commitment from the Council in order to facilitate the early granting of building permits. . . .