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Section 106 Overview

Section 106 Overview. Tony Melia – Section 106 Officer. Introduction. What is a Section 106 Agreement? Legally binding agreement between a developer and the Council. Necessary to make development acceptable in planning terms. Planning obligations can be used to:

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Section 106 Overview

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  1. Section 106 Overview Tony Melia – Section 106 Officer

  2. Introduction • What is a Section 106 Agreement? • Legally binding agreement between a developer and the Council. • Necessary to make development acceptable in planning terms. • Planning obligations can be used to: • Prescribe the nature of development. • Compensate for loss or damage created by a development. • Mitigate a development’s impact. • Who Decides a Section 106 Agreement • Planning Obligations Supplementary Planning Document (2007) contains calculations per bed space. • Planning and Transport Regulatory Panel approve ‘Heads of Terms’.

  3. Types of Contributions Planning Obligations Supplementary Planning Document 2007 • Provision of open space associated with new residential development. • Public realm, infrastructure and heritage. • Construction Training • Climate Change • Affordable Housing • Transport

  4. Requirements of Section 106 Circular 05/2005 - A planning obligation must be: • Relevant to Planning • Necessary to make the proposed development acceptable in planning terms • Directly related to the proposed development • Fairly and reasonably related in scale and kind to the proposed development • Reasonable in all other aspects.

  5. Section 106 Progress • Revised Process for the Allocation of Section 106 Contributions • Approved 8th September 2009. • One Directorate System. • Section 106 spend authorised by the Lead Member for Planning or the Strategic Director for Sustainable Regeneration in line with the constitution and standing orders . • Transparency • Community Committee Road Show. • Section 106 Web Pages. • Monitoring • Installation of Planning Obligations Management System. • Community Committee Reports. • Standardised Section 106 Agreements.

  6. Revised Allocation Process Section 106 Agreement 1 2 3 • CAP’s, • Green space Strategy, • Salford West Framework • Members Representation • Negotiated in line with Planning obligations SPD. • Approved by Planning Panel • Members are able to make representations to Panel in relation to applications where a Section 106 Agreement is required Section 106 contributions received in key stages of developments life Scheme to mitigate impacts of development identified from within relevant strategies/plans 4 Scheme to mitigate impacts of development delivered

  7. Any Questions Contact Details • Email: tony.melia@salford.gov.uk • Tel: 0161 793 2063

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