A development agreement, also known as a Section 106 agreement, is a contractual agreement entered into between a developer and the local planning authority. This agreement sets out the obligations that the developer must adhere to when carrying out a specific development project.
The purpose of a development agreement is to ensure that the proposed development complies with the local planning policy and meets the needs of the community. The agreement usually includes conditions that the developer must fulfill before, during, and after the completion of the development project.
One of the most critical obligations for the developer is to provide affordable housing as part of the development. The agreement may stipulate the number of affordable homes that must be constructed and the time frame within which they must be completed. In some cases, the developer may also be required to provide community facilities, such as schools, parks or community centers.
Infrastructure contributions are another significant aspect of a development agreement. The developer may be required to make financial contributions towards improving local infrastructure, such as roads, drainage, and public transport. The agreement may also require the developer to create new access points to the development or to improve existing ones.
Environmental considerations are also covered in the development agreement. The developer may be required to implement specific measures to minimize the impact of the development on the local environment. The agreement may also require the developer to contribute to the improvement of the local ecology, such as by creating new habitats or planting trees.
The role of the planning authority is to enforce the conditions set out in the development agreement. Failure to comply with the agreement may result in legal action against the developer. The planning authority may also require the developer to provide financial security, such as a bond, to ensure that the obligations set out in the agreement are fulfilled.
In conclusion, a development agreement (s106) is a crucial contract that ensures that development projects comply with local planning policy and benefit the community. It is an essential tool for local planning authorities to ensure that developers adhere to their obligations and deliver high-quality developments that meet the needs of the community.