Section 106 Agreements Case Law

Section 106 agreements are generally concluded as a result of a decision that, by a local planning authority, issues building permits to mitigate the impact of new developments and contains provisions to secure infrastructure on and off the site, financial contributions and other mitigation measures. 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). The Section 38 agreement did not contain words about the transfer of ownership of the defendant to the Commission and contained nothing other than the acreage transferred to the Commission. The judge also stated that it would be absurd for the Council to initiate enforcement proceedings against itself. In addition, the „zero cost to the Council“ obligation must be met when the agreement is built. Note, however, that the judge did not say that the country held by the Council could not be bound by Section 106 agreements. The Tribunal summarized the issue as a tension between the language of the treaty and the assertion of the parties` intent. The Tribunal referred to two principles set out in the 2015 Supreme Court case, Arnold/Britton et al [ 2015] UKSC 36, (4) To the extent that consent is clear, it should be interpreted on his face and on the terms (as in all contracts) without having to be relegated to the background, which leads to consent or, in fact, to the conditions imposed or not imposed or necessary) R. v. Ashford B.C Shepway D.C. [1999] PLCR. In the event of a breach of duty, the Authority can take direct action and recover the costs.

(2) Appeal decisions on such appeals are rare. In January 2014, Albany Homes won an appeal against a s106 condition that required contributions for a development in Greenwich, which rendered the program unprofitable after a hearing in December 2013. Similarly Redrow Homes development in Holsworthy (DCS 200-001-292) has reduced affordable housing % in this case and some, but not all common property needs. 6. This article does not deal with the details of foment alliances. On the contrary, the judicial rules are briefly mentioned to explain the reason for the legal intervention. The building permit was issued in 1996 for residential construction following the conclusion of Section 106 of the agreement.