Historic Section 106 Agreements

With respect to developer contributions, the Community Infrastructure Tax (CIL) did not replace the Section 106 agreements, which strengthened the s 106 tests. S106 agreements on developer contributions should focus on correcting the specific weakening required for a new development. CIL was designed to address the broader effects of development. There should be no circumstances in which a developer pays CIL and S106 for the same infrastructure for the same development. Section 106 regulations provide for a federal authority to formally replace its National Environmental Policy Act (NEPA) audit procedure to comply with Section 106 (see 36 CFR 800.8 (c)). Where the Agency finds, when making an environmental impact statement, that the proposed obligation may have a negative effect on historical characteristics, the Agency may either record in the Minutes of Decision (ROD) its obligations to remedy the negative effects on historic real estate, or a description of its binding obligation to take measures to prevent, minimize or mitigate negative effects on historic properties. In the latter case, the Agency would not need to develop its own MOA or PA to complete the Section 106 process: the terms of the ROD would be a legally binding obligation, as would an MOA or PA. Note that when an agency uses the NEPA procedure for Section 106 and prepares an environmental assessment (EA), it should conduct a MOA or a separate PA to address any negative effects and complete the Section 106 process. Read NEPA/NHPA Section 106. Planning obligations under Section 106 of the Planning and City Planning Act 1990 (as amended), commonly referred to as the s106 agreements, are a mechanism that makes a development proposal acceptable that would otherwise not be acceptable.

They focus on mitigating the impact of site-specific development. S106 agreements are often referred to as “developer contributions,” as well as highway contributions and the Community Infrastructure Tax. The Government in response to its consultation on measures to speed up negotiations and the S106 agreement; with respect to affordable and student housing, planning guidelines (PPGs), particularly Section S106, but also related areas, including cost-effectiveness guidelines, have changed significantly.