Introduction:
The planning process for property development in the UK involves complex laws, regulations and agreements. Among them, s73 application and s106 agreement are two significant terms that you must understand if you`re involved in any development project. In this article, we will examine these two aspects in detail and explain how they function.
What is an s73 Application?
Section 73 of the UK Town and Country Planning Act 1990 allows developers to make an application for a variation of planning conditions that have been attached to a previous planning permission. This means that if a developer wants to make changes to an approved development plan, they can apply for an s73 application to request permission for changes to pre-approved conditions.
A variation to planning conditions may include a change in the number of units in a development, the size or height of a building, the type of materials used or any other necessary changes.
What is an s106 Agreement?
A Section 106 (s106) agreement is a legal obligation that is attached to a planning permission. These agreements are negotiated between local authorities and developers to offset the negative impacts associated with a development. It may include requirements to provide affordable housing, public open spaces, or improvements to local infrastructure, among other things.
The agreement is intended to ensure that developers contribute to the community where their developments take place. The s106 agreement is a legally binding document and requires the developer to comply with the obligations set out in the agreement.
How are s73 Applications and s106 Agreements related?
S73 applications and s106 agreements are two separate aspects of the UK planning process. However, they may be related to a particular development. For example, a change in planning conditions requested through an s73 application may trigger a need for additional community contributions through an s106 agreement.
If the s73 variation results in an increase in the number of units in the development, the local authority may require the developer to contribute more towards affordable housing or infrastructure improvements. This is where the s106 agreement comes into play.
Conclusion:
The planning process for property development in the UK is complex and involves various legal regulations and agreements. The s73 application and s106 agreement are two significant aspects that developers must understand. The former allows developers to request changes to previously approved planning conditions, while the latter ensures that they contribute to the local community to offset any negative impacts. Understanding the implications of both these aspects is essential for a successful development project.