This article summarizes some of the key skills and practices related to the application of Section 106 of the agreement. There are two facets of the Section 106 agreements: first, the legal authority of section 106 of the 1990 Act and the “related legislation” that govern the powers of local planning authorities to conclude these agreements and, second, the obligations that can legitimately be invoked. Section 106 of the Town and Country Planning Act 1990 allows a developer to enter into an agreement with a local authority: Regulation 123 of the Regs CIL encourages the authorities to introduce their Community Infrastructure Tax (CIL) as soon as possible by limiting the use of Section 106 bonds. The aim is also to prevent sections 106 and CIL from guaranteeing dual immersion by funds for the same infrastructure. It provides that an obligation to finance or make infrastructure available (i.e. infrastructure financed either by the Authority`s ILC or an infrastructure in which there is no list of CIL infrastructure) should not be grounds for authorisation; and a planning obligation cannot be grounds for authorization if the commitment relates to the financing or provision of a type of infrastructure and, as of April 6, 2010, five or more separate commitments have been made for this type of infrastructure. While an s.106 agreement is of course the usual way to ensure a weakening in the context of a proposed development, there may be other documents that could contain the commitments (perhaps a development agreement), but this will be in any case specific. Another option we have seen in practice is that a s. 106 is made with a developer without a free owner who makes the pacts, but an agreement is subject to a clause limiting the start of development until the developer has acquired the property and another s. 106 has been received on the same terms for the commitment of that best interest.
Since this limitation may still involve rental interests, this can and must be supported by a decision by the reserve committee of the competent free-owner authority to authorize implementation only at the end of this new publication, see 106. The Planning White Paper (PWP) proposes to replace Section 106 of the agreements and the Community Infrastructure Tax at the local level (the PWP proposes to maintain the ILC mandated by the mayors of London and the regional mayors) with a single infrastructure tax (IL), which is as follows: this road has its supporters, but is not always accepted.