Section 106 Agreement Town And Country Planning Act

While the application procedure applies to s106 agreements that have been in existence for at least five years, it is avoided that all parties to the agreement are obliged to sign an act of amendment. This can also be problematic if the developer and the local planning authority can agree on the terms of an amendment. Article 106A(5) expressly provides that a request to amend an agreement s106 pursuant to Article 106A(3) must not provide for an amendment imposing an obligation on another person against whom agreement s106 is enforceable. The method of implementing an agreement under Section 106 is also included in the section itself, which allows for injunctions and the authority that enters the country to conduct transactions itself and charges the costs of the person against whom the agreement is enforceable. Further restrictions of what can be guaranteed by the obligations set out in paragraph 106 were obtained in 2010 in the form of the Levy 2010 Community Infrastructure Regulation (“the CIL Regs”). In general, the infrastructure to be financed by CIL should not be provided by commitments within the meaning of Article 106. It was therefore assumed that the introduction of CIL would significantly reduce the length and complexity of commitments. CIL regulations: include in the legislation the tests described previously in the guidelines, which is a legal obligation (Rule 122); and limit the nature and number of section contributions that can be secured for infrastructure (the pooling restriction in Regulation 123).