22 Sep How Long Is A Section 106 Agreement Valid For
§ 106 Agreements are linked to the issuance of the building permit. However, if an evolution does not progress, no reduction is necessary and there will be no contributions to be paid in accordance with section 106. If a development were to provide services or facilities within the development site, the contributions referred to in section 106 may be reduced or not required. The Mansfield and York cases are both useful barometers of the current attitude of the courts on issues arising from the application of section 106 agreements, where circumstances have changed since the date of the agreement. While in the past courts have (rightly) favoured conclusions allowing funds intended for the provision of public infrastructure to be recovered from local authorities, this provision is reinforced by these cases. In particular, whether the logic behind the decision in York is followed in future cases; in the event of ambiguity, local authorities will be in a strong position to enforce the objective of contributions to the financing of the provision of public infrastructure (as provided for in the agreement provided for in Section 106), regardless of changes in circumstances. The planning obligation is a formal document, a document indicating that it is a planning obligation, the relevant land, the person giving the commitment and his or her interest, and the competent local authority that would enforce the commitment. The obligation may be a single obligation or a multi-party agreement. Section 106A of the Town and Country Planning Act 1990 allows a person bound by an agreement under section 106 to apply to the local planning authority for fulfil the obligation.
The local planning authority should fulfil this obligation when it no longer serves a useful purpose. So far, the courts have issued divergent views on the interpretation of the concept of “useful purpose”. The Government Guidelines on Coronavirus (COVID-19) published on May 13, 2020: Community Infrastructure Levy`s guidelines contained the following passage to the S106 agreement: CIL has several advantages over the agreements concluded under Section 106. There is more certainty, since CIL`s liability is determined by reference to a tariff established by a pricing plan, unlike commitments negotiated under a Section 106 agreement, which may vary as the situation evolves. . . .