Section 106 Agreement Staffordshire: An Overview
If you are looking to develop a property in Staffordshire, you may have heard about the Section 106 Agreement. It is a legal agreement between developers, the local council, and other stakeholders to ensure that the proposed development meets certain requirements and provides benefits to the local community.
What is a Section 106 Agreement?
The Section 106 Agreement, also known as a planning obligation, is a legal agreement between developers and the local council. It is a requirement under the Town and Country Planning Act 1990 and is used to mitigate the impacts of a proposed development on the surrounding community.
The agreement outlines the obligations of the developer, which may include providing affordable housing, contributing to local infrastructure, and improving public amenities. The agreement is often used for larger developments, such as housing estates, commercial developments, and infrastructure projects.
In Staffordshire, the Section 106 Agreement is enforced by the local planning authority, which is Staffordshire County Council or the relevant district council.
What are the benefits of a Section 106 Agreement?
The Section 106 Agreement provides several benefits to both the developer and the local community. Some of these benefits are:
1. Provides certainty: The agreement provides certainty to the developer, as it outlines the obligations and requirements for the proposed development. It also provides certainty to the local community, as they know what to expect from the development.
2. Improves infrastructure: The agreement may require the developer to provide funding for local infrastructure, such as roads, schools, and healthcare facilities, which can benefit both the developer and the local community.
3. Enhances public amenities: The agreement may require the developer to provide funding for public amenities, such as parks, playgrounds, and community centers, which can enhance the quality of life for the local community.
4. Provides affordable housing: The agreement may require the developer to provide affordable housing, which can help to address the housing shortage in the local area.
How does the Section 106 Agreement process work?
The Section 106 Agreement process typically involves the following steps:
1. Pre-application discussions: The developer should have early discussions with the local council to understand the Section 106 requirements and obligations.
2. Application submission: The developer submits a planning application, which will include the proposed Section 106 obligations.
3. Negotiation: The local council will negotiate the Section 106 Agreement with the developer, with input from other stakeholders.
4. Approval: Once the Section 106 Agreement has been negotiated and agreed upon, it will be approved alongside the planning application.
5. Implementation: The developer is required to comply with the Section 106 Agreement obligations as part of the planning permission.
Conclusion
The Section 106 Agreement is an important legal requirement for developers in Staffordshire. It provides certainty and benefits to both the developer and the local community, ensuring that new developments are sustainable and contribute to the local area. If you are planning a development in Staffordshire, it is essential to understand the Section 106 requirements and obligations.
