If you are thinking of building a new development or making significant modifications to an existing one, you may need to obtain planning permission from your local authority. However, in some cases, this is not the only requirement you have to meet.
For some developments, planning permission is granted on the condition that the developer enters into a Section 106 agreement. This is a legally binding agreement between the local authority and the developer, which sets out certain obligations that the developer must fulfill. These obligations are typically related to infrastructure and community benefits, and they are designed to mitigate the impact of the development on the local area.
The type of obligations that might be included in a Section 106 agreement vary depending on the nature of the development and the specific circumstances of the local area. For example, a developer might be required to contribute to the cost of building new roads or bridges, or to provide funding for local schools or community centers. They may also be required to provide affordable housing or public open spaces.
If you are planning a development that requires a Section 106 agreement, it is important to consult with a planning consultant or solicitor. They can help you navigate the process and ensure that you understand your obligations.
One of the most important things to keep in mind when entering into a Section 106 agreement is that it is a legally binding contract. This means that you must fulfill all of the obligations set out in the agreement, or you could face legal consequences. It is important to carefully review the agreement and ensure that you understand all of the terms and conditions before you sign it.
It is also important to remember that the local authority has the power to enforce the Section 106 agreement if you do not fulfill your obligations. This could include taking legal action against you or revoking your planning permission.
In summary, planning permission Section 106 agreements are an important part of the development process. They ensure that developers contribute to the infrastructure and community benefits of the local area, and they help to mitigate the impact of the development on the surrounding environment. If you are planning a development that requires a Section 106 agreement, seek expert advice to ensure that you understand your obligations and fulfill them in a timely manner.