Section 106 Agreement: Understanding Its Importance in the Town and Country Planning Act
The Town and Country Planning Act (TCPA) is a vital piece of legislation that governs the development and use of land in England and Wales. One of the key components of the TCPA is the Section 106 Agreement, which is an essential tool for ensuring that the needs of communities are taken into account when planning new developments. In this article, we will explore what a Section 106 Agreement is, why it is important, and how it works.
What is a Section 106 Agreement?
A Section 106 Agreement is a legally binding agreement between a local planning authority and a developer. The purpose of the agreement is to secure contributions from the developer towards the provision of local infrastructure and community facilities that are needed to support the development. The Section 106 Agreement is often used to mitigate the impact of the development on the local community and to ensure that the developer contributes to the social and environmental wellbeing of the area.
Why is a Section 106 Agreement Important?
There are several reasons why a Section 106 Agreement is important. Firstly, it ensures that developers contribute to the provision of infrastructure and community facilities that are needed to support the development, such as new schools, roads, and healthcare facilities. This can help to alleviate the pressure on existing facilities and ensure that the development is sustainable in the long term.
Secondly, a Section 106 Agreement can be used to ensure that developers contribute to the social and environmental wellbeing of the area. For example, a developer may be required to contribute towards the provision of affordable housing or to make improvements to the local park or green space.
Finally, a Section 106 Agreement can help to ensure that the impact of the development on the local community is mitigated. This may include measures such as noise reduction, traffic management, or the provision of additional parking spaces.
How Does a Section 106 Agreement Work?
The process of negotiating a Section 106 Agreement typically involves a series of meetings between the local planning authority and the developer. During these meetings, the authority will identify the contributions that are required from the developer, based on the impact of the development on the local community. The developer will then negotiate with the authority to agree on the contributions that they are willing to make.
Once an agreement has been reached, the Section 106 Agreement will be legally binding, and the developer will be required to make the agreed contributions. Failure to comply with the agreement can result in legal action being taken against the developer.
Conclusion
The Section 106 Agreement is an important tool for ensuring that the needs of the local community are taken into account when planning new developments. It allows developers to contribute towards the provision of infrastructure and community facilities that are needed to support the development, while also ensuring that the impact of the development on the local community is mitigated. As such, it is an essential component of the Town and Country Planning Act, and one that is likely to remain an important part of the planning process for many years to come.