S106 Agreement Obligations

Planning obligations must be directly relevant to the proposed evolution. Local planning authorities should use all the funds they receive as part of planning commitments, as defined in individual agreements, to make development planning acceptable. As a general rule, agreements should include clauses indicating when and how funds are used and allow them to return after an agreed period, if not. Planning policy should be defined in plans and subject to public review. The political requirements must be clear in order to be accurately accounted for in the price paid for the country. These new appeal and appeal procedures do not replace existing powers to renegotiate Section 106 agreements on a voluntary basis. In addition, with respect to affordable housing, this provision is not a substitute for provisions to amend a requirement established by the 1992 regulations and updated by the 2013 regulations (see above). „205. When commitments are sought or revised, local planning authorities should take into account changes in market conditions over time and, if necessary, be flexible enough to prevent the planned development from becoming bogged down.“ It is not appropriate for planners to set new programming rates for planning obligations in supplementary planning documents or supporting documents, as they would not be reviewed. While standardized or formal evidence may have characterized the identification of needs and costs and the definition of planning policies, the decision maker must ensure that any planning obligations are consistent with the legal controls under Rule 122. This means that when a formal approach to developer contributions is adopted, the levy can be used to address the cumulative effects of infrastructure in an area, while planning obligations are appropriate for financing a project directly related to that specific development. Section 106 of the agreements are developed when it is considered that a development will have a significant impact on the territory, which cannot be mitigated by conditions related to a decision to approve the plan.