S obligations overview | Local Government Association
CIL. As a reminder, S Planning Obligation are obligations secured pursuant into as legal agreements between local planning authorities, landowners. What is the difference between CIL and a section agreement? Section agreements are put in place to make it possible to approve a planning proposal. The relationship therefore between a site's infrastructure requirements and level of infrastructure through both planning obligations under S and CIL. Are section planning obligations do not apply to s agreements. They apply to.
The obligation can be a unitary obligation or multi party agreement. The obligation becomes a land charge. The legal tests for when you can use a s agreement are set out in regulation and of the Community Infrastructure Levy Regulations as amended.
CIL and S agreements | CIL and S agreements | Borough Council of King's Lynn & West Norfolk
Local planning authorities should consider whether otherwise unacceptable development could be made acceptable through the use of conditions or planning obligations. Planning obligations should only be used where it is not possible to address unacceptable impacts through a planning condition. Planning obligations should only be sought where they meet all of the following tests: This is reflected in the NPPF: Where obligations are being sought or revised, local planning authorities should take account of changes in market conditions over time and, wherever appropriate, be sufficiently flexible to prevent planned development being stalled.
The PPG changes emphasise the S legal and policy tests and relationship with the development plan including neighbourhood plans.
There are also a number of suggested improvement to the way LPAs approach S e. Further guidance has been provided on the operation of the vacant building credit. S - Amendments and Modifications — changes Under the Planning Act s A a person bound by the obligation can seek to have the obligation modified or discharged after five years. The Town and Country Planning Modification and Discharge of Planning Obligations Regulations set out the procedure for making an application to amend planning obligations, including standard forms.
CIL and S106 agreements
How will CIL work? From April local planning authorities will not be able to use section agreements to fund infrastructure that is needed because of new development. So that they are able to start charging CIL by this date, and therefore fund any necessary infrastructure, local planning authorities must therefore prepare a 'charging schedule'.
This document, which like Development Plan Documents will be subject to an independent examination, will set out what the charge will be per dwelling for residential development, or per square metre for all other development.
Community Infrastructure Levy
When applicants then apply for planning permission, they will know how much they will be expected to contribute to infrastructure in the area where that development will take place. Are there any exemptions? If a charity owns all or part of the land where the development will take place, and the development will be used wholly or mainly for charitable purposes, then CIL will not be owed.
- The Community Infrastructure Levy (CIL)
- What is a Section 106 Agreement?
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Likewise, CIL will not be charged on affordable housing development. Local planning authorities also have the power to exempt a development from CIL in exceptional circumstances.Housing Development Theory, Process and Practice Housing, Planning and Design Series
What will CIL money be spent on? Local planning authorities can use CIL money to provide or improve infrastructure, and to pay for the operation and maintenance of this infrastructure. CIL money collected can also not be used to fund affordable housing.