Section 106 of
the Town and Country Planning Act 1990
allows a Local Planning Authority to enter
into a legally-binding agreement or planning
obligation, with a land developer over a
related issue. The obligation is termed as a
'Section 106 Agreement'.
One frequent Section 106 requirement
demanded by local authorities is a
Code for Sustainable Homes or
BREEAM assessment, with
a commitment to achieve a BRE rating of “Very
Good” or “Excellent”, as means of
constructing more environmentally-friendly
homes, offices, and schools.
progressively more common Section 106
prerequisite is for the project to meet at
least 10% of its heat and/or electricity
demand through on-site
renewable energy generation.
Also, some new projects may have trouble
obtaining planning permission for various
reasons, such as the nature of the proposed
pre-planning permission environmental
report enhances the planning application by demonstrating a
real commitment to sustainable construction.
and the Code for Sustainable Homes
Section 106 Agreements can act as a main
instrument for placing restrictions on
developers, often requiring them to
minimise the impact on the local
community and to carry out tasks which
will provide community benefits.
Such agreements can cover almost any
relevant community, sustainability, or