Unilateral Undertaking And S106 Agreement

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. 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.

The country itself, not the person or organization that develops the country, is bound by the S106 agreements. They are a legal burden on the land, so their obligations are automatically transferred with each change of ownership. The authorities can also report on contributions (monetary or direct provisions) received under Section 278 of the motorway agreements in funding declarations for infrastructure financing, in order to further improve transparency for municipalities. 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.