Section 106 agreement Cheshire East: Understanding the Legal Obligations
If you`re planning to develop a property in Cheshire East, you`ll need to be aware of the section 106 agreement. This legal agreement is intended to help local authorities manage the impact of new developments on the local community. In this article, we`ll explore what the section 106 agreement in Cheshire East entails and why it`s important.
What is a section 106 agreement?
A section 106 agreement is a legally binding planning agreement between a developer and a local authority. This agreement is designed to mitigate the impact of the development on the local community. Section 106 agreements typically cover issues such as affordable housing, transport, education, and community facilities.
What is the purpose of a section 106 agreement?
The section 106 agreement exists to ensure that the impact of a new development is minimized. The agreement is used to secure community benefits such as affordable housing provision, infrastructure, and open spaces. This means that developers must agree to provide these benefits in exchange for permission to build.
What is the process of negotiating a section 106 agreement?
The process of negotiating a section 106 agreement typically begins when a developer submits a planning application to a local authority. The authority will consider the proposal and determine what, if any, community benefits are required. The developer and the authority will negotiate the terms of the agreement, and once an agreement is reached, it will be included as a condition of planning permission.
What are the obligations of a section 106 agreement in Cheshire East?
In Cheshire East, a section 106 agreement can be used to secure a variety of community benefits, including:
– Affordable housing provision
– Provision of community facilities, such as sports facilities and libraries
– Contributions to education provision
– Improvements to public transport
– Provision of open spaces and play areas
– Improvements to roads and highways
The exact obligations of the section 106 agreement will depend on the specifics of the development proposal and the needs of the local community.
Why is it important to comply with a section 106 agreement?
Compliance with a section 106 agreement is essential for developers seeking planning permission. Failure to comply with the agreement can result in enforcement action, including fines and legal proceedings. Additionally, non-compliance can lead to reputational damage and impact future planning applications.
In conclusion, the section 106 agreement is an important legal requirement for developers seeking to build in Cheshire East. It`s crucial to understand the obligations of the agreement and to comply with them fully to avoid potential enforcement actions. By doing so, developers can help to ensure that their development has a positive impact on the local community.