Section 106 Agreements - Time for a Review?

01-Feb-11

The RTPI Networks ran a 2009/10 series of short events to debate the future of s106 Agreements. The events brought together public and private sector planners with representatives from the wider property and development industry and the learning from these events is presented below. In March 2011 Housing Minister Grant Shapps wrote to local authorities asking them to consider revisiting agreements hoping that such a move might allow payments to be downsized for companies, allowing stalled housing projects to go-ahead. If you believe that further 2011 events on this topic could be helpful please email rhian.brimble@rtpi.org.uk

Overview of the issues

Presentation by Rynd Smith, RTPI Director of Policy and Partnerships

Bristol event (27 March 2009)

Presentation by Gary Collins, Major Scheme Co-ordination & Enforcement Manager Planning Services, City Development, Bristol City Council

Presentation by Chris Howarth, Bristol Property Agents Association

Information note from the day

London event (2 July 2009)

Presentation by Lucy Shomali, Head of Strategy (Planning and Housing), London Borough of Barnet.  

Presentation by Stuart Baillie, Associate Director, GL Hearn

Tunbridge Wells event (29 July 2009)

Presentation by Kelvin Hinton, member of the RTPI Development Management Network.

Presentation by Andrew Taylor, Development Control Manager, Tunbridge Wells Borough Council.

Presentation by Nick Ireland, Associate Director, GL Hearn.

Grantham event (12 October 2009)

Presentation by Mark Shipman, Lead Professional, South Kesteven District Council. 

Presentation by Barry Maynard, Technical Director, Stamford Homes Limited. 

Leeds event (25 November)

Presentation by Bob Pritchard, Partner, Pinsent Masons LLP. 

Presentation by Samuel Stafford, Associate, Savills.

Other information and publications

Cheshire Council: Section 106 Revision: Planning resource repirts (login required) (Jan 2012)

The National Housing Federation is concerned councils are too eager to accept cash payments from developers instead of affordable housing (July 2011) 

"Testing Times" Inside Housing

HCA: Practice Notes (February 2010) Responsive Planning Practices for Changing Economic Times

HCA Report: Investment and Planning Obligations: Responding to the downturn

This CRC "report draws on the experience of delivery practitioners to inform how section 106 agreements, rural exception sites and Community Land Trusts might be made more effective in the delivery of affordable housing, especially in difficult economic circumstances."

Community Infrastructure Levy: Following a consultation in July 2009 on proposals for the introduction of a Community Infrastructure Levy, Government have recently published and laid before Parliament the final CIL Regulations, which will, subject to approval by MPs, come into force on 6 April 2010.

    CIL Regulations

    Explanatory Memorandum  

    Further information on the CLG website

Scottish Government - Development Viability: This draft guide aims to provide an understanding of the financial elements of development. Available online

Homes & Communities Agency Good Practice Note: Investment and planning obligations: responding to the downturn

Article published in the RTPI News pages of Planning magazine on the 9th April 2009 by Rynd Smith

Building Local Jobs: Looks at the use of S106 in prioritising local employment

London Borough of Bexley has recently adopted an addendum in relation to its Affordable Housing SPD due to the changing climate

Ashford Borough Council has prepared a report (Principles for the Assessment of Planning Applications where the Financial Viability of the Development shows that it cannot afford to pay all the necessary Infrastructure Contributions) (PDF) and an agreement is also online (PDF)

The Credit Crunch and Regeneration - Impact and Implications: There has been much successful regeneration across England during the past decade. But the picture has been changing during the past year as a result of the international credit crunch and economic downturn. This CLG study assesses what the effect has been, what might happen next, and what the key implications are for partners involved in regeneration.

The State of the Region - The North West: A panel of Housing Forum cross-industry experts debated the legacy of the current economic turbulence and predicted consequences for the housing industry from the North West perspective.

The Credit Crunch and the Scottish Housing System: Explains what has happened since the start of the credit crunch and the impact on housing in Scotland.

The Credit Crunch: The CIH’s response to the ‘Housing and the Credit Crunch’ Inquiry by the Communities and Local Government Select Committee includes the warning that “although affordable housing provision has benefited strongly from s106 completions in recent years, the current environment raises significant questions about whether the s106 model is the best way to capture planning gains in future.”

Lifting the burdens from economic development and regeneration - final report and recommendations: This is the final report of the Lifting the Burdens Task Force, the independent body charged by government with investigating the elements of central government control that hinder the delivery of economic development and regeneration by local government. Available online as a PDF.

 

Author:
Rhian Brimble
Publisher:
The Royal Town Planning Institute
Date:
01-Feb-11

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