Section 106 Agreement Unilateral Undertaking

Discussions on planning obligations should take place as early as possible in the planning process. The plans should set out policy measures for expected development contributions, to allow for a fair and open review of policies during the review. Local communities, landowners, developers, local (and, if applicable, national) infrastructure and affordable housing providers and operators should be involved in the definition of measures for expected development contributions. Pre-application discussions may prevent delays in the completion of planning applications, which are granted subject to the conclusion of planning commitment agreements. The planning manager and Supervisor S106 is responsible for concluding all agreements before the planned work begins. The terms of contributions to the shuttle should be part of discussions between a developer and a local planning authority and reflected in any planning commitment agreement. Agreements should include clauses indicating when the local planning authority should be informed of the completion of units as part of development and when funds should be disbursed. Both parties can use the issuance of a planning certificate (a certificate of completion when issued by a local authority and a certificate of approval issued by a certified inspector) as a trigger for payment. In some cases, it may be useful to consider cooperation agreements to use the expertise of officials from other local planning authorities or contractual agreements to call on outside experts, 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. The authorities may collect a monitoring fee in accordance with Section 106 of the planning obligations to cover the monitoring and reporting costs associated with the provision of this obligation in accordance with Section 106.

Monitoring fees can be used to monitor and report on any type of planning obligation for the duration of this obligation. Monitoring fees should not be requested retroactively for historical agreements. This means that, subject to the completion of the three tests under REGULATION 122 of the CIL, pricing authorities may use funds from both the levy and the planning obligations of Section 106 to pay for the same infrastructure element, regardless of the number of planning obligations that have already contributed to an infrastructure element.