🏷️ Section 106 agreement
A Section 106 agreement is a legal agreement between a developer and a local planning authority that sets out the obligations of the developer in relation to a planning permission. The agreement can cover a wide range of matters, including the provision of affordable housing, the funding of infrastructure improvements, and the mitigation of the impacts of the development.
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Unilateral Undertaking (Section 106)
This legal template sets out the framework for such unilateral undertakings, which typically involve financial contributions, provision of public amenities, or other actions that mitigate or compensate for the development's effects. The template comprehensively outlines the necessary sections, including the introduction, definitions, agreements, obligations, enforcement mechanisms, and termination clauses.
By utilizing this legal template, both developers and local planning authorities can ensure clarity, fairness, and compliance with legal requirements during the negotiation, drafting, and finalization of unilateral undertakings. It enables the provision of detailed obligations that developers must fulfill, ensuring the necessary infrastructure and community benefits are delivered alongside the development project.
Overall, the Unilateral Undertaking (Section 106) legal template plays a vital role in harmonizing the interests of urban development and the well-being of communities in the UK by providing a standardized, comprehensive, and legally binding mechanism to ensure developers fulfill their obligations for the benefit of all stakeholders involved.
Publisher
ƵJurisdiction
England and WalesSection 106A Supplemental Agreement
Publisher
ƵJurisdiction
England and WalesSection 106 Agreement (Planning Obligation)
The purpose of a Section 106 Agreement is to ensure that the developer provides certain amenities, infrastructure improvements, or financial contributions that address the negative effects of the planned development. These contributions could include the provision of affordable housing units, the construction or improvement of public spaces, the creation of educational or medical facilities, the upgrading of road networks or public transportation, or measures to enhance environmental sustainability.
The contents of a Section 106 Agreement are determined through negotiations between the local planning authority and the developer. The agreement must be proportionate and directly related to the proposed development, aiming to balance the impact of the project with the needs and aspirations of the local community.
Typically, a Section 106 Agreement sets out specific obligations, timeframes, and conditions that the developer must fulfill. It also includes provisions on monitoring and enforcement mechanisms to ensure compliance. The local planning authority retains the right to review and amend the agreement in case of significant changes in circumstances or if the developer fails to meet the agreed obligations.
It is important to note that Section 106 Agreements are legally binding and enforceable. Failure to comply with the agreed terms may result in penalties, project delays, or even the withdrawal of planning permission. As such, this legal template provides a framework for both local planning authorities and developers to negotiate and formalize commitments that aim to enhance the overall well-being of the community affected by the proposed development project.
Publisher
ƵJurisdiction
England and WalesAssociated business activities
Undertake planning obligation
Someone may want to undertake planning obligations to ensure that a development occurs as approved, meets certain standards, or contributes to the public good.
Planning obligations
Planning obligations can be used to make sure that any new development meets the needs of the local community, does not have a negative impact on the environment, and does not cause any problems for existing residents or businesses.
Enter into a planning obligation
If a developer enters into a planning obligation with a local authority, they are more likely to be able to adhere to the wishes of the authority and provide benefits to the community through measures such as affordable housing.
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