From 6 April 2015, the Community Infrastructure Tax (CIL) Regulations put into force controls on the use of Agreements under Section 106. From that date, the agreements provided for in Article 106 can no longer be taken into consideration as a ground for approval in the following circumstances: Salvatore Amico, partner and head of the city and country planning, must provide this advice: “These agreements require a thorough and detailed approach. The specifications of motorway works and the conditions related to all links must be precise and precise. We always strive to protect the interests of our clients and ensure that their commitments are clear, so that there is no room for disagreements at a later stage. In addition, land ownership or ownership issues are also common features of these agreements, and we offer the necessary know-how to manage them. We have particular expertise in representing owners and developers in paragraphs 278 and 38 of the contracts and can assist in the drafting, review and negotiation of these documents. We know that the completion of these agreements can often be time-bound, as they have a direct impact on the advancement of development, and we recognize the need for swift action. Together, the above measures will limit the use of Section 106 agreements for the foreseeable future and encourage A.A. to fill funding gaps by introducing CIL fee plans. If permits have already been issued for projects subject to high burdens under Section 106, which could no longer be imposed by PLA, it may be interesting either to vary the agreement referred to in Section 106 or to resubmit the construction application in order to avoid these costs. Typically, these legally binding agreements include infrastructure projects that allow access to a development site, such as roundabouts, signposted intersections, right turn lanes, new pedestrian crossings or priority intersections. They can also cover power diversions, drainage systems and street lighting.
Highway infrastructure is often a critical component of any proposed new subdivision and these agreements, which are part of the Highway Act of 1980, are used to make modifications to an existing public highway. The need for motorway agreements is often identified in a Section 106 agreement or in the notice of decision as a precondition or occupation. . . .