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. This legislation to verify planning agreements, which are not feasible, has now come to an end and one of the options mentioned above should therefore be used. Legal audits of the date of use of a s106 agreement are set out in Regulations 122 and 123 of the 2010 EU Infrastructure Tax Regulation, as amended. While Housing Minister Brandon Lewis acknowledged that “local authorities` responses are generally opposed to both the principle of a national threshold for affordable housing contributions and the proposed threshold,” Housing Minister Brandon Lewis argued that “their reforms are helping small farmers across the country.” By eliminating the cost of s106 bonds (in addition to unit costs), Lewis says the cost of building a home will decrease by $15,000. For more advice or information on the removal of S106 agreements or agricultural occupancy conditions, please contact Brian Dinnis of Acorn Rural Property Consultants on 01884 214052 or briandinnis@acornrpc.co.uk. Brian is a charterer and associate member of the Royal Town Planning Institute. He always likes to talk with existing or new customers at once, and he doesn`t charge a fee for a chat on the phone. An S106 is a legal agreement between an applicant applying for a building permit and the LPA. They are used to provide legal control of a building permit and to provide a mechanism to mitigate the impact of new development on the local community and its infrastructure through development and financial (community) contributions and to provide local benefits such as affordable housing.

The content of the S106 agreement will be agreed during the process of obtaining the building permit. It is possible to replace an existing S106 agreement or a unilateral undertaking with a land development application without meeting the conditions previously imposed by filing a development application in accordance with the S73 TCPA. This route does not change or impose any additional CIL obligations. An S73 application establishes a new planning authorization that requires a new S106 or UU agreement. Any existing agreement disappears, as explained above. See: “The planning file allows for voluntary renegotiation of the S106 agreements and, if a voluntary agreement cannot be reached, a formal request to review an S106 agreement if it is more than 5 years old. Farmers and other landowners should be aware that they therefore have the opportunity to request the removal or modification of the S106 agreements if they no longer fulfil any useful objectives,” concludes Dinnis. In addition, as a result of the Ministerial Statement on Start-Up Homes, the guideline states that LPAs should not seek contributions to affordable housing development for affordable housing (but may still target s106, which will mitigate the impact on development). An S73 application is generally supported by a few slightly varied plans and an S106-Viability ratio. The application is paid for, but offers an inexpensive way to replace existing S106 or UU agreements.

An S73 planning application, after authorization, establishes a new building permit next to your existing agreement and a new S106 agreement or amendment s.