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Section 106 and Community Infrastructure Levy

We regularly help developers negotiate and put together S106 Agreements, Unilateral Undertakings and now ensure compliance with the Community Infrastructure Levy.

S106 and unilateral undertakings are agreements governed by section 106 (S106) of the Town and Country Planning Act 1990. The purpose is to allow a local planning authority to enter into a legally-binding agreement or planning obligation with a landowner in association with a proposed development. They provide a way of delivering or addressing matters that are necessary to make a development acceptable in planning terms.

Since April a new system has also been introduced to fund infrastructure. The Community Infrastructure Levy (CIL) is a voluntary mechanism that allows local authorities in England and Wales to levy a standard charge on most types of new development, to fund the infrastructure needed to support development in their area.
The ongoing relationship between CIL and S106 is difficult to predict at the┬ámoment, with Eric Pickles and the coalition government seemingly changing the planning system every month. Nevertheless, if you require assistance in minimising your development contributions please don’t hesitate to contact us at s106@plainview.co.uk.

Recently we have managed to reduce a development contribution for a Berkshire new-build leisure complex by 50%, and also remove all contributions to a new health centre in Sussex.