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Planning Condition Requiring Section 106 Agreement

By 17 septiembre, 2022No Comments

As a copy editor with experience in SEO, it is important to understand the significance of a planning condition requiring a section 106 agreement. This agreement is a legal tool that is often used by local authorities to ensure that developers provide benefits to the local community in exchange for planning permission.

A section 106 agreement is a legally binding document that sets out obligations for developers, which are designed to mitigate the impact of a development on the local area. These obligations may include the provision of affordable housing, the creation of new community facilities or the improvement of existing ones, as well as contributions to local infrastructure such as roads and public transport.

The purpose of a section 106 agreement is to ensure that the benefits of a development are shared among the local community. It is also intended to ensure that the development is sustainable and will not have an adverse impact on the local area.

In order for a section 106 agreement to be enforced, it must be agreed upon by both the local authority and the developer. The agreement must also be registered with the land registry so that it is legally binding.

Planning conditions requiring a section 106 agreement are common for large-scale developments, such as housing estates or commercial developments. Developers must be prepared to negotiate with local authorities and agree on the terms of the agreement before planning permission is granted.

It is important for developers to carefully consider the implications of a section 106 agreement before agreeing to its terms. Failure to fulfill the obligations set out in the agreement can result in legal action being taken against the developer. Therefore, it is essential to ensure that the obligations are realistic and achievable.

In summary, a planning condition requiring a section 106 agreement is a powerful tool for local authorities to ensure that developers provide benefits to the local community in exchange for planning permission. Developers must be prepared to negotiate and agree on the terms of the agreement before planning permission is granted, and must ensure that they can meet the obligations set out in the agreement. By doing so, developers can contribute to the sustainable development of local areas and ensure that the benefits of development are shared among the wider community.

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