Section 106 agreements are used to make development acceptable through planning obligations related to the development. Updates to Section 106 guidance aim to speed up negotiations through earlier engagement, standardized agreements, and potential dispute resolution. The Government also announced changes reducing affordable housing obligations for small sites and introducing vacant building credit to incentivize brownfield development. Future plans include introducing a dispute resolution mechanism for Section 106 to further speed up negotiations.
Your approach to the on-going use of S106 and S278 impacts on: Viability evidence, Infrastructure evidence and the Regulation 123 list - so it's very important!
Your approach to the on-going use of S106 and S278 impacts on: Viability evidence, Infrastructure evidence and the Regulation 123 list - so it's very important!
The Planning Law Update seminar focusses on the Growth and Infrastructure Bill with Royal Assent now expected shortly. It also looks at judicial review of planning decisions. Is Government right to be concerned that third party challenge could be holding back development?
At our June planning club we covered the following topics:
- air quality and the implications for planning
- viability assessment in relation to S106 agreements
- an update on the NPPF.
To view further information and training visit our website - https://www.brownejacobson.com/sectors-and-services/sectors/public-sector
Developer Payments- Community Infrastructure Levy, S106 agreements and Viabil...PAS_Team
With less than a year until local authorities will be unable to pool (five or more) s106 obligations for a single project or scheme there is an immediacy for many to get a CIL in place. This presentation will help you to understand the relevance of viability and it will help you to understand the role for the Community Infrastructure Levy and other developer payments.
West Midlands planning and development club - November 2017, BirminghamBrowne Jacobson LLP
This session provided an introduction to SPVs, looked at key tax considerations when purchasing property, overage and restrictive convenants, and a planning update.
During the final planning club of 2015, we covered the following topics:
• planning enforcement - a look at key planning enforcement difficulties and how to overcome them
• The Planning and Housing Bill - considering the effect of this Bill and the government’s ‘crusade to get 1 million homes built by 2020’ from a planning perspective, with a particular focus on starter homes and the effect of these for local authorities.
https://www.brownejacobson.com/sectors-and-services/sectors/public-sector
Developer Payments Community Infrastructure Levy & ViabilityPAS_Team
These seminars are particularly designed for councillors (in England) but officers who wish an overview of developer payments in light of a significant legislation and guidance changes over the last few years should find it beneficial. - See more at: http://www.pas.gov.uk/events/-/journal_content/56/332612/6555744/ARTICLE#sthash.NIWWOLkl.dpuf
In our first planning club of 2017 we covered:
• formation and use of Section 106 obligations and conditions
• a look at recent changes to permitted development rights
• challenges to planning decisions, including judicial review and appeals.
Infrastructure Levy Technical Consultation (Workshop 2 Spending the levy and ...PAS_Team
Infrastructure Levy Technical Consultation (Workshop 2 Spending the levy and delivering infrastructure) - A copy of the presentation given by DLUHC at a PAS workshop
Our November planning and development club covered the following topics;
• selling developments to investors; points to note - Kassra Powles
• working with the public sector - Alex Kynoch
• planning update - Dmitrije Sirovica
For further advice and training visit our webpage - https://www.brownejacobson.com/
So you want to apply for the Planning Skills Delivery Fund PAS Events August ...PAS_Team
So you want to apply for the Planning Skills Delivery Fund?
The Planning Skills Delivery Fund (PSDF) will provide £24 million over two years to local authorities to help with clearing backlogs of planning applications and prepare for the implementation of proposed planning reform. It's part of a wider programme of work designed to address the capability and capacity of planning services. Local planning authorities can apply for funding for up to £100,000, which can be used to hire additional planning officers and other specialist resources.
Planning Advisory Service recently held two events to help councils think about whether to apply and if they needed to find time over the Summer to make an application. Here is the presentation with all you need to know about the fund.
Presentation from Dan Knowles, Planning Policy Officer at Guildford Borough Council on their approach to adopted 20% biodiversity net gain in their Local Plan
PAS Natural England Biodiversity Net Gain update 18_04_23PAS_Team
Nick White, Principal Adviser - Net Gain from Natural England provided an update on the latest on Biodiversity Net Gain to an audience of over 500 on 18 April 2023.
What is the point of small housing associations.pptxPaul Smith
Given the small scale of housing associations and their relative high cost per home what is the point of them and how do we justify their continued existance
Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos
A process server is a authorized person for delivering legal documents, such as summons, complaints, subpoenas, and other court papers, to peoples involved in legal proceedings.
Presentation by Jared Jageler, David Adler, Noelia Duchovny, and Evan Herrnstadt, analysts in CBO’s Microeconomic Studies and Health Analysis Divisions, at the Association of Environmental and Resource Economists Summer Conference.
Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos
This session provides a comprehensive overview of the latest updates to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (commonly known as the Uniform Guidance) outlined in the 2 CFR 200.
With a focus on the 2024 revisions issued by the Office of Management and Budget (OMB), participants will gain insight into the key changes affecting federal grant recipients. The session will delve into critical regulatory updates, providing attendees with the knowledge and tools necessary to navigate and comply with the evolving landscape of federal grant management.
Learning Objectives:
- Understand the rationale behind the 2024 updates to the Uniform Guidance outlined in 2 CFR 200, and their implications for federal grant recipients.
- Identify the key changes and revisions introduced by the Office of Management and Budget (OMB) in the 2024 edition of 2 CFR 200.
- Gain proficiency in applying the updated regulations to ensure compliance with federal grant requirements and avoid potential audit findings.
- Develop strategies for effectively implementing the new guidelines within the grant management processes of their respective organizations, fostering efficiency and accountability in federal grant administration.
2. S106 - LEGISLATION
Section 106 of the Town and Country Planning Act 1990
•restricts the development or use of the land in any specified way;
•requires specified operations or activities to be carried out in, on, under or over
the land;
•requires the land to be used in any specified way;
•requires a sum or sums of money to be paid to the authority on a specified
date or dates or periodically
3. S106 POLICY
• Paragraph 203
Should only be used where it is not possible to use a planning condition
• Paragraph 204 (“the tests”; see also reg122)
Necessary to make the development acceptable in planning terms;
Directly related to the development; and
Fairly and reasonably related in scale and kind to the development.
• Paragraph 205
LPAs should take account of market changes and take flexible approach
to prevent planned development stalling.
4. S106 - GUIDANCE
• Planning Obligations guidance published as part of new Government online
planning practice guidance in March 2014
• Updated 28 November following small sites threshold Ministerial
announcement
• Further updated March 2015 to encourage speeding up of section 106
agreements
• Stand-alone guidance on Review and Appeal Process (affordable housing
renegotiation)
5. PLANNING OBLIGATIONS
GUIDANCE
Section 106 Guidance
Planning Practice Guidance: March 2015 Update
•Clarifies expected timetables for the negotiation of Section 106
agreements
•Advocates use of standardised agreements
•Encourages earlier engagement at the pre application stage by all
parties
•Promotes greater transparency about what has been raised through
Section 106 agreements and what it has been spent on
•Suggests potential mechanisms for boosting local authority capacity
•Sets out potentially relevant factors in implementing VBC
6. Growth and Infrastructure Act 2013
Section 106 BA
•Allows applications to be made to modify the affordable housing requirements
of any Section 106 agreement regardless of when it was signed.
•Based on economic viability.
Section 106 BC
•Applicants can appeal to the Planning Inspectorate where a council refuses or
fails to determine such applications.
S106 – BA AND BC
• 46 appeals to date
• 27 decided
• 7 withdrawn; 1 invalid
• 11 being processed
7. NOV 2014 POLICY
CHANGE
Section 106 Policy | Written Ministerial Statement (Nov 2014)
10 units or less (and 1,000sqm gross floorspace)
– Affordable housing contributions should not be sought
– Tariff-style s106 contributions should not be sought
– Lower 5 unit threshold in designated rural areas, AONBs, National
Parks
• Vacant building credit - Intended to incentivise brownfield development
– Where a vacant building brought back into use, or demolished to be
replaced by new building, a credit equivalent to existing gross
floorspace of vacant building should be offered when calculating AH
contribution
8. S106 – POOLING RESTRICTIONS
• Pooling restrictions on Section 106 applied from April 2015 – or sooner if
had CIL in place
• A council will not be able to pool more than five separate obligations in
respect of either:
– a particular item of infrastructure (such as a specific school); or
– a type of infrastructure (such as schools generally).
9. SPEEDING UP SECTION 106
NEGOTIATIONS
• 2014 Autumn Statement commitment
• Consultation Feb – March 2015; Government response issued 26 March
2015
• Consultation sought views on whether section 106 negotiations were a
significant source of delay in planning process; also if current legislative
framework provided effective mechanisms for resolving delays and disputes
in negotiating agreements
• Set out an option for speeding up section 106 negotiations through the
development of a dispute resolution mechanism to be available where
Section 106 negotiations breach set timescales.
10. KEY MESSAGES FROM THE
CONSULTATION
• Agreement that Section 106 negotiations were a significant source of delay
• Majority of responses felt legislative change required
• Majority of respondents supported proposition that any future dispute
resolution mechanism should be available where negotiations have
breached statutory or agreed timescales
• Planning Inspectorate and Royal Institution of Chartered Surveyors most
commonly referred to as suitable bodies for taking forward a dispute
resolution mechanism
11. WHAT NEXT FOR SECTION
106?
Governments productivity plan July 2015
‘Fixing the foundations: Creating a more prosperous
nation’
•Confirmed that the following would be introduced:
“a dispute resolution mechanism for section 106 agreements, to speed up
negotiations and allow housing starts to proceed more quickly”
12. CIL
• CIL is the Governments preferred method for collecting develop
contributions to infrastructure
• 89 authorities charging CIL – including Mayor of London for Crossrail
• 200 authorities at least at Preliminary Draft Charging Schedule stage
• Review - referred to by previous Ministers - no announcement on timing,
format, duration yet
• Watch this space…
13. CIL 2010 - 2015
• 91charging authorities
• 200 authorities have at least consulted on preliminary
draft charging schedule
