There will be a consultation on this – there are more questions than answers, including the detailed operation of a possible new tax and its impact on land values. At this stage, it seems possible that a form of Section 106 is still needed to ensure the provision of infrastructure on the ground. The S106 agreements deal with location-specific mitigations that are necessary to make a new development acceptable from a planning point of view. While CIL addresses the broader effects of development. A number of London boroughs are considering the implementation of an ILC in the near future. Once an ILC is implemented, a district will still be able to negotiate for an S106 agreement, but it will be limited to site-specific measures and the provision of affordable housing. 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). When new developments occur, developers are usually asked to pay a contribution to the corresponding infrastructure funding. Historically, this has been done through «Section 106» agreements negotiated between local authorities and developers, although the Planning Act 2008 introduced a new possibility of doing so – the Community Infrastructure Tax (CIL). Under Planning Act s106 (A), a person with the obligation can request that the obligation be amended or reduced after five years. We will not ask for S106 agreements for anything stipulated in CIL 123 infrastructure list. The planning obligations under Section 106 of the Planning and City Planning Act 1990 (as amended), commonly known as s106 agreements, constitute a mechanism that makes a development proposal acceptable in planning that would otherwise not be acceptable.
They focus on mitigating the impact of site-specific development. S106 agreements are often referred to as «developer contributions,» as well as highway contributions and the Community Infrastructure Tax. If the s106 is not respected, it is enforceable against the person who entered the undertaking and against the subsequent owner. The s106 may be imposed by omission. The balance between the use of S106 and CIL will vary depending on the type of territory and the type of development. Other guidelines for the balance between s106 and CIL are set out in the April 2014 CIL guidelines: the Section 106 agreements therefore remain next to the CIL, but are limited to the infrastructure needed to directly mitigate the impact of a proposal. Regulations restrict the use of planning obligations to ensure that individual developments are not charged for the same infrastructure elements through the planning obligations under Sections 106 and CIL.