s106 agreement tests
s106 agreements are commonly used in the UK to ensure that developers contribute to local infrastructure, and there are a number of tests that must be met before these agreements are signed off.
Firstly, the agreement must be necessary to make the development acceptable in planning terms. This means that the development would not be approved without the s106 agreement being in place.
Secondly, the agreement must be directly related to the development. This means that it must be linked to specific impacts of the development, such as the need for additional school places or improved transport links.
Thirdly, the agreement must be fairly and reasonably related in scale and kind to the development. This means that the developer should not be asked to contribute more than is necessary to mitigate the impacts of the development.
Fourthly, the agreement must be reasonable in all other respects. This means that it must not be unfair to the developer or against public policy.
Finally, the agreement must be signed before planning permission is granted. This means that the local planning authority cannot use the s106 agreement to hold up a development that has already been approved.
There are a number of other factors that can influence the signing of a s106 agreement, such as the viability of the development and the availability of funding for infrastructure. However, the tests outlined above are the key considerations for both developers and local planning authorities.
In summary, s106 agreement tests are a crucial part of the planning process in the UK, and it is important that both developers and local planning authorities are aware of them. By meeting these tests, developers can ensure that they are contributing fairly to local infrastructure, while local planning authorities can ensure that new developments are sustainable and acceptable in planning terms.