Consultation on Planning & Section 106
Section 106 of the Town & Country Planning Act 1990 sets out the parameters for planning gains. This is in effect a payment made by the developer to offset the negative impact of that development on the community. The amount is set by the planning authority and can be between any affected party along with the planning authority and the developer, or just between the developer and the Planning Authority. The commitment can be made in various ways, money, land, village hall, play areas, affordable housing and is binding. However, in recent times the Government have permitted renegotiation for stalled developments. The consultation sought to change when s106 could be requested by the Planning Authority. Usually, this could affect only one dwelling or up to hundreds depending on the Planning Authorities policy or the impact of that development. This threshold could rise to a minimum of 10 dwellings before s106 can be demanded.
Although the consultation has now ended, you may be interested in its contents and how this may affect your own community in the future. It also very important to know if any such agreements have been made in your area and you can then request information on how this is being used from your own Planning Authority. Section 106 agreements are a public document and anyone can request a copy if they wish. Often these are posted on the Planning Authorities website with the plans.
Parish and Town Councils are statutory consultees (they have the right to request sight of all applications for their area) to their area’s planning applications, this allows the public to view them and if the council have a public forum, to express their views.
Planning Authorities can be a District Council, County Council or a Unitary Authority
Local Council Public Advisory Service 