The other scenario is to reapply for a new planning application for an identical development already authorized, but with another S106 or UU agreement. A new building permit necessarily requires a new S106 or UU agreement that replaces the existing agreement. There is no planning fee to pay if the new application is submitted within 12 months of the last decision to approve the plan. A structure application can be a cost-effective alternative to a detailed application. Before doing so, you must consider other changes that may have been made to the Planning Directive. For example, the LIL could be introduced or a new affordable housing policy was put in place. An S73 application is generally supported by a few slightly varied plans and an S106-Viability ratio. The application is paid for, but offers an inexpensive way to replace existing S106 or UU agreements. An S73 planning application, after authorization, establishes a new building permit next to your existing agreement and a new S106 agreement or amendment s. In this process, it is a matter of replacing one obligation with another, not by appeal. Your existing S106 agreement may contain words that extend the agreement to future S73 applications.

In these circumstances, we recommend a new planning application as the only realistic route, as LPAs are often very reluctant to release existing commitments. Section 106 of the agreements are developed when it is considered that a development will have a significant impact on the territory, which cannot be mitigated by conditions related to a decision to approve the plan. Royalties may constitute a fixed percentage of the total value of the Section 106 agreement or an individual obligation; or may be a fixed amount by agreement commitment (for example. B for in-kind benefits). The authorities may decide to set fees using other methods. However, in all cases, surveillance fees must be proportionate and proportionate and reflect the actual cost of monitoring. The authorities could consider setting a cap to ensure that royalties are not excessive. Local planning authorities may consider including in their local list of obligations or planning conditions for Section 106 agreements. For the 2019/2020 financial year, any municipality that has received contributions to property developers (section 106 planning obligations or municipal infrastructure tax) must publish online, by 31 December 2020 and until 31 December, an online infrastructure financing plan.