The active phase of a project has an impact well beyond the land that’s being developed. There are regulations including section 106 planning obligations in place to ensure that landowners and developers take that into account.
Local authorities need to ensure that any pressure put on infrastructure and amenities is considered when a development is being planned. This is covered by Section 106 of the 1990 Town and Country Planning Act, generally known as section 106 planning obligations, developer or highway contributions or the Community Infrastructure Levy (CIL).
Section 106 planning obligations help ensure that the impact of project has been quantified well before the ground is broken.
There are several factors that local authorities look at when putting CIL obligations on a project, and meeting them can involve a complicated set of considerations.
Obligations for current and future owners
In the words of the Local Government Association’s Planning Advisory Service (PAS), if a section 106 planning obligation is not complied with, it is enforceable against the person that entered into the obligation and any subsequent owner. The obligations can be enforced by injunction.
While the process of meeting the obligations can be complicated and the risk of non-compliance can be significant both in the short and long term, if they are approached in the right way, the CIL does not need take away from the smooth running of a development, nor does it need to be time consuming.
The PAS sets out clear tests that will decide whether a CIL will be applicable or acceptable, and we use our experience to give developments the best possibility of getting the go-ahead while making sure that time and budget are not wasted in the pursuit of developments that are unlikely to get approval.
Our experience means that we can offer section 106 advice and guidance that can help make a proposed development acceptable to local authorities without adding significantly to the project’s timescales.