Section 106 Agreement Birmingham

Section 106 Agreement in Birmingham: Everything You Need to Know

Section 106 of the Town and Country Planning Act 1990 allows local planning authorities to enter into agreements or impose planning conditions to address the impact of new developments in their area. These agreements, known as Section 106 agreements, are legally binding and must be adhered to by developers.

If you`re planning to embark on a development project in Birmingham, it`s important that you understand the Section 106 agreement requirements specific to the area. Here`s everything you need to know about Section 106 agreements in Birmingham.

What is a Section 106 Agreement?

A Section 106 agreement is a legal agreement between a developer and the local planning authority. It is intended to help mitigate the impacts of a development on the local community and infrastructure. The agreement typically sets out a series of obligations that the developer must adhere to before, during, and after the development process.

These obligations can cover a range of areas, from affordable housing provision to infrastructure improvements, such as road or school upgrades. In return, the developer is granted planning permission to proceed with their development.

What is the Process for Negotiating a Section 106 Agreement?

The process for negotiating a Section 106 agreement is as follows:

1. The planning application is submitted to the local planning authority.

2. The planning authority assesses the application and identifies any potential impacts on the local area.

3. The planning authority consults with relevant stakeholders, such as the local community and infrastructure providers, to gather their views on the application.

4. The planning authority negotiates the terms of the Section 106 agreement with the developer, taking into account the views of stakeholders.

5. Once agreed, the Section 106 agreement is signed by both parties.

6. The developer can proceed with their development, subject to compliance with the terms of the Section 106 agreement.

What are the Specific Section 106 Requirements in Birmingham?

Section 106 requirements in Birmingham will vary depending on the nature of the development in question. However, the following are some common requirements that may be included in Section 106 agreements in Birmingham:

1. Affordable Housing Provision: Developers may be required to provide a certain percentage of affordable housing units as part of their development.

2. Infrastructure Improvements: Developers may be required to make contributions towards improving local infrastructure, such as local roads, public transport, and schools.

3. Employment and Training Opportunities: Developers may be required to provide employment and training opportunities for local residents.

4. Public Art: Developers may be required to provide public art as part of their development.

5. Open Space: Developers may be required to provide open space as part of their development, such as parks or playgrounds.

Conclusion

The Section 106 agreement is an important requirement in the planning process for developers in Birmingham. It is designed to ensure that the impact of development on the local community and infrastructure is carefully considered and mitigated. As a developer, it`s important to understand the specific Section 106 requirements in Birmingham and negotiate the terms of the agreement in good faith with the local planning authority. By doing so, you can ensure that your development proceeds smoothly and that you comply with all relevant legal requirements.