Möbel & Innenausbau
Apr 12
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S106 Agreement Tests

204. Planning obligations should only be requested if they fulfil all the following controls: local planning authorities are expected to benefit from all funds they receive under planning obligations, in accordance with the provisions of the individual planning commitment contract. This will ensure that new developments are acceptable from a planning point of view; local authorities and helping to make local infrastructure available. Royalties may constitute a fixed percentage of the total value of the Section 106 agreement or an individual obligation; or may be a fixed amount by agreement commitment (for example. B for in-kind benefits). The authorities may decide to set fees using other methods. However, in all cases, surveillance fees must be proportionate and proportionate and reflect the actual cost of monitoring. The authorities could consider setting a cap to ensure that royalties are not excessive. Local planning authorities should use all the funds they receive as part of planning commitments, as defined in individual agreements, to make development planning acceptable.

As a general rule, agreements should include clauses indicating when and how funds are used and allow them to return after an agreed period, if not. Where agreements are obligations relating to highways, whether it is construction of the alleged highway or acceptance/inauguration of land as a new highway, sections 38 and 278 of the Highways Act of 1980 may apply. These sections govern how land can be accepted by the local highway authority as a public highway (s38) at a public expense (s38), or guarantee funds for work on the existing highway or allow the developer to procure such works himself. Such provisions are generally provided for under a separate agreement, but it is no foreign that the agreements in point 106 also serve as motorway agreements. New restrictions on Section 106 obligations, which were achieved in 2010 in the form of the Community Infrastructure Tax Regulation („CIL-Regs“). In general, infrastructure financed by the CIL should not be guaranteed by the obligations provided for in point 106. It was therefore assumed that the introduction of CIL would significantly reduce the length and complexity of commitments. CIL-Regs: the tests previously presented in the guidelines, which is a legal obligation to include in legislation (Regulation 122); and the nature and number of sectional contributions that can be guaranteed for infrastructure (limiting pooling in Regulation 123). Regulation 122 provides that an obligation can only be taken into account as a reason for issuing a building permit when it is in place: in some cases, it may be appropriate to consider cooperation agreements in order to use the capacities of officials of other local planning authorities or contractual agreements to call on external experts from third parties, so that planning obligations can be agreed quickly and effectively. Local planning authorities and developers can discuss the provision of additional resources to enable a rapid definition of planning obligations, for example. B in the processing of important and possibly detailed planning requests.

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