What is an S106 agreement?

Section 106 of the Town and Country Planning Act 1990 allows a local planning authority, like us, to enter into a legally-binding agreement or planning obligation with a landowner as part of the granting of planning permission. The obligation is termed a section 106 agreement.

Where can I get a copy of S106 agreement?

Along with your request for an S106 agreement form, you also need to send: an Ordnance Survey based site plan at scale 1:1250 or 1:2500 showing the site edged with a red line. Land Registry Register(s) and Title Plan(s) for the whole site. You can buy copies from the Land Registry.

Are S106 agreements public?

I find it rather hard to understand that objectors could be able to see or make representations on a draft agreement, because until a S106 agreement has been finalised, it is not a public document, and the terms may change several times during negotiations.

Can a 106 agreement be removed?

Can Section 106 Obligations Be Removed? Yes, but it will be resisted. LPA’s are asked to vary S106 agreements but are reluctant hence their desire not to agree in the first instance until the full detail of the scheme is known. Hence, it’s important to ‘get it right’ in the first instance.

What is s106 affordable housing?

Section 106 (s106) is the system by which councils extract contributions from developers via the planning system to pay for local infrastructure and affordable housing that mitigates the impact of the scheme on existing residents of an area.

Can a Section 106 be overturned?

By Agreement An agreement to modify or discharge a planning obligation can be made at any time (and can only be entered into by Deed, by virtue of section 106A (2)). Therefore, a s106 agreement can be renegotiated and varied at any time between the parties.

How long are s106 agreement last?

five years
Under the Planning Act s106 (A) a person bound by the obligation can seek to have the obligation modified or discharged after five years.