SECTION 106 AGREEMENTS Martin Hooker Assistant Director (Planning)

The law provides no statutory definition of planning gain so much scope for lawyers! 68 pages in Planning Encyclopaedia

Section 106 says that anyone with an interest in land may enter an enforceable obligation It has 13 sub-sections...

The obligation can:- 1. Restrict the use of land 2. Require specified operations 3. Require specified land uses 4. Pay money to the Planning Authority

The obligation runs with the land, not necessarily with the original parties It is a land charge registrable by the enforcing Authority

The obligation is enforceable by injunction and, if breached, the Local Authority can do the required works and recover costs

The agreement is a deed signed under seal. It identifies:- 1. That is is a Section 106 Agreement 2. The land to which it applies 3. The parties and their land interests 4. The enforcing Authority

Government policy requires planning obligations to be:- 1. Necessary 2. Relevant to planning 3.Directly related to the proposed development 4. Fairly and reasonably related in scale and kind to the proposed development 5.Reasonable in all other respects

Therefore ….. A planning obligation cannot be used to remedy a pre-existing deficiency in local service provision

Possible changes to the Law... Sections 46 and 47 of the Planning and Compulsory Purchase Act 2004 provide for “Planning Contributions” but … 1.This would need Ministerial Regulations; and 2.The Assembly has no intention of making them

This is a pity because … The UDP was written to facilitate such contributions A ‘roof tax’ would ensure that even very small developments contributed to public infrastructure

Parc Derwen - A Worked Example Pre-application discussion Heads of Terms Planning Report

Pre-application discussions:- Allocated site Experienced developers Section 106 obligations funded from land value

14 Heads of Terms Approved by Committee:- 1. Phased development 2. Coity by-pass 3. Equipped primary school 4. Playing fields and play areas

5. Changing accommodation 6. Serviced site for district centre 7. Safeguard woodland and buffer zone 8. Structural landscaping affordable houses

10. Traffic calming in Coity 11. Safe crossing of BNDR 12. Bus provision 13. Highway improvements at Junction Provide biodiversity info. to residents

Three years negotiation now completed 131 page agreement

Any questions?