Under the Community Infrastructure Tax Regulations, any authority that receives a development contribution through the Section 106 levy or planning obligations must prepare an infrastructure funding statement. County councils are part of it. Local planning authorities are expected to use 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. A planning obligation may be subject to conditions, it may set restrictions permanently or unlimitedly and, with respect to payments, the date of these commitments may be set in the undertaking. The Authority must justify the conditions for decision-making. Planning obligations in the form of Section 106 and section 278 agreements should only be used when unacceptable effects cannot be remedied by a planning condition. DCLG has published a guide to support changes to the Growth and Infrastructure Act 2013, which provides more detailed information on what is needed to modify and evaluate requests to amend the accessibility system in section 106. It is a guide to the form of the application, complaint and evidence; evidence of cost-effectiveness and how they should be assessed. Local planning authorities are encouraged to use and publish standard forms and documents to support the planning obligations agreement process. This could include standard agreements and clauses (including those already published by other agencies) that could be made public to support the planning process. Any other information required by the local planning authority or any questions raised by the applicant regarding planning obligations must be addressed at an early stage of the plan application process. The use of standard agreements does not eliminate the requirement for local planning authorities to check, on a case-by-case basis, whether a planning obligation is required to make development planning acceptable.
As an alternative to total refusal, the local authority may grant permission to others. 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. “205. When commitments are sought or revised, local planning authorities should take into account changes in market conditions over time and, if necessary, be flexible enough to prevent the planned development from becoming bogged down.” If you do not agree to the terms, you should discuss your objections with the Authority, which may eventually suggest ways to resolve these issues. You can also appeal the conditions with which you disagree, or file an application for variety or withdrawal of these conditions at a later date. 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.