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The Town and Country Planning Act 1990 was passed to better regulate the way in which large and small scale developments were approved by local authorities in England and Wales.
Section 106
Section 106 of the Act (as substituted by the 1991 Act), and in DoE Circular 5/05, produces effects which are often referred to as Planning Gains or Planning Obligations.
It relates to monies paid by developers to Local Planning Authorities in order to offset the costs of the external effects of development. For example, if a developer were to build 100 new houses, there would be effects on local schools, roads etc., which the Local Authority would have to deal with. In that situation there might be a Section 106 agreement as part of the granting of planning permission. The developer might agree to make a contribution towards the provision of new schools. A Local Planning Authority is the local authority or council that is empowered by law to exercise planning functions. ...
Section 106 arrangements are currently being reviewed by the Office of the Deputy Prime Minister. The Office of the Deputy Prime Minister is a department of the British government. ...
Criticisms Section 106 agreements are criticised for:- - Inconsistency
- Unfairness
- Lack of transparency
- Unnecessary length of time to negotiate[1]
Section 106 agreements are one of the main ways in which new affordable housing is provided in the UK. Depending on where in the country a new housing development over a given threshold size, commonly 15 dwellings, is required to provide a pre-determined proportion as affordable housing. This is a cause of friction between developers and local planning authorities because the developer wants to maximise revenue and the councils want to maximise the amount of affordable housing. Unfortunately most councils have poorly worded policies on which they base their demands which causes uncertainty. One of the reasons S106 agreements are unpopular with developers is that, at present, the government makes more money from the sale of affordable rented housing (about £5Bn a year) than it spends (about £3.5Bn a year) and the private sector is left to pick up the slack.
See also Town and Country Planning is the system by which the British government seeks to maintain a balance between economic development and environmental quality in England. ...
In the United Kingdom, Planning Policy Guidance Notes (PPG) are statements of the Governments national policy and principles towards certain aspects of the town planning framework. ...
The Grampian condition is a facet of United Kingdom planning case law established by Grampian Regional Council v City of Aberdeen District Council (1984) 47 P&CR 633. ...
External links - Town and Country Planning Act (1990) on OPSI Website
- Review of Section 106 (PDF file)
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