Arboricultural Terms & definitions
Section 106 Agreement
Section 106 of the Town & Country Planning Act 1990 (see extract below) allows a local Planning Authority (LPA) to enter into a legally binding agreement (planning obligation) with a land developer over a related issue. The obligation is sometimes termed as a 'Section 106 Agreement'.
Such agreements can cover almost any relevant issue and can include sums of money. Possible examples of S106 agreements could be:
S106 Agreements can act as a main instrument for placing restrictions on the developers, often requiring them to minimise the impact on the local community and to carry out tasks which will provide community benefits.
Extract: Section 106. Town & Country Planning Act 1990.
The original text of Section 106 of the Town & Country Planning Act was later modified by the Planning and Compensation Act 1991. The following text was copied directly from the on-line Planning and Compensation Act (c.34) 1991 which is available to view on the HMSO website. See Planning and Compensation Act (c.34) 1991. for a link to this text.
106. (1) Any
person interested in land in the area of a local planning authority may, by agreement or
otherwise, enter into an obligation (referred to in this section and sections 106A and
106B as "a planning obligation" ), enforceable to the extent mentioned in
subsection (3) (a) restricting the development or use of the land in any specified way; (b) requiring specified operations or activities to be carried out in, on, under or over the land; (c) requiring the land to be used in any specified way; or (d) requiring a sum or sums to be paid to the authority on a specified date or dates or periodically. (2) A planning obligation may (a) be unconditional or subject to conditions; (b) impose any restriction or requirement mentioned in subsection (1)(a) to (c) either indefinitely or for such period or periods as may be specified; and (c) if it requires a sum or sums to be paid, require the payment of a specified amount or an amount determined in accordance with the instrument by which the obligation is entered into and, if it requires the payment of periodical sums, require them to be paid indefinitely or for a specified period. (3) Subject to subsection (4) a planning obligation is enforceable by the authority identified in accordance with subsection (9)(d) (a) against the person entering into the obligation; and (b) against any person deriving title from that person. (4) The instrument by which a planning obligation is
entered into may provide that a person shall not be bound by the obligation in respect of
any period during which he no longer has an interest in the land. (a) enter the land and carry out the operations; and (b) recover from the person or persons against whom the obligation is enforceable any expenses reasonably incurred by them in doing so. (7) Before an authority exercise their power under
subsection (6)(a) they shall give not less than twenty-one days' notice of their intention
to do so to any person against whom the planning obligation is enforceable. (a) states that the obligation is a planning obligation for the purposes of this section; (b) identifies the land in which the person entering into the obligation is interested; (c) identifies the person entering into the obligation and states what his interest in the land is; and (d) identifies the local planning authority by whom the obligation is enforceable. (10) A copy of any such instrument shall be given to the
authority so identified. (a) any sum or sums required to be paid under a planning obligation; and (b) any expenses recoverable by a local planning authority under subsection (6)(b), and this section and sections 106A and 106B shall have effect subject to any such
regulations. |
106A. (1) A planning obligation may not be modified or discharged except (a) by agreement between the authority by whom the obligation is enforceable and the person or persons against whom the obligation is enforceable; or (b) in accordance with this section and section 106B.
(a) to have effect subject to such modifications as may be specified in the application; or (b) to be discharged.
(a) such period as may be prescribed; or (b) if no period is prescribed, the period of five years beginning with the date on which the obligation is entered into. (5) An application under subsection (3) for the
modification of a planning obligation may not specify a modification imposing an
obligation on any other person against whom the obligation is enforceable. (a) that the planning obligation shall continue to have effect without modification; (b) if the obligation no longer serves a useful purpose, that it shall be discharged; or (c) if the obligation continues to serve a useful purpose, but would serve that purpose equally well if it had effect subject to the modifications specified in the application, that it shall have effect subject to those modifications.
(a) the form and content of applications under subsection (3); (b) the publication of notices of such applications; (c) the procedures for considering any representations made with respect to such applications; and (d) the notices to be given to applicants of determinations under subsection (6). (10) Section 84 of the [1925 c. 20.] Law of
Property Act 1925 (power to discharge or modify restrictive covenants affecting land) does
not apply to a planning obligation. |
106B. (1) Where a local planning authority (a) fail to give notice as mentioned in section 106A(7); or (b) determine that a planning obligation shall continue to have effect without modification, the applicant may appeal to the Secretary of State. |
This text is open to modification. If you have an item to add or change please send details.
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