Section 106 Agreements
Section 106 agreements are a means for Councils to secure contributions from developers for important infrastructure, to alleviate the additional burdens placed on our communities arising from housing and economic growth. The National Planning Policy Framework requires section 106 agreements to:
- Be necessary to make the development acceptable in planning terms;
- Be directly related to the development; and
- Be fairly and reasonably related in scale and kind to the development
The Community Infrastruture Levy (CIL)
The Community Infrastructure Levy (CIL) was introduced by the Government to try to ensure that when land is developed, it comes with the necessary infrastructure to support it such as schools, public transport and leisure facilities.
CIL is charged on almost all new buildings to ensure that development contributes towards the infrastructure needed to support growth in an area. Previously many smaller developments made no specific contribution towards infrastructure, even though, collectively, they could place significant demands on local facilities.
Development started under general consent is also liable to pay CIL. This includes permitted development rights granted under the General Permitted Development Order 2015.
Full Council agreed to adopt Community Infrastructure Levy Charging Schedule on 13 July 2017 and the Regulation123 list which sets out the elements which will be covered by CIL and Section 106 Agreements.
The implementation of the Community Infrastructure Levy takes place on 22 January 2018, meaning that any qualifying planning decision made on after this point will be subject to a CIL charge.