What Is a Section 113 Agreement

Section 113 agreements, also known as planning obligations, are legal agreements between local authorities and developers that outline the financial contributions or actions the developer must undertake as part of the development`s planning permission. These agreements are a crucial aspect of the planning process, as they ensure that the developer addresses the impacts of the development on the local community, such as the need for affordable housing, schools, transport improvements, or environmental enhancements.

The section 113 agreement is governed by the Town and Country Planning Act 1990, and it is a legally binding document that sets out the terms and conditions of the agreement. The terms vary according to the size and type of development, the local authority`s policies and requirements, and the developer`s proposed scheme. Typically, a section 113 agreement covers the following:

1. Affordable housing: The developer commits to providing a percentage of the new homes at a reduced rent or sale price to meet the local housing needs. The percentage varies by borough, but it can range from 20% to 50% of the total number of dwellings.

2. Infrastructure: The developer agrees to contribute towards the cost of new or improved infrastructure, such as roads, cycle paths, public transport, schools, community centres, and healthcare facilities. The amount of the contribution depends on the level of impact of the development on the local area.

3. Public open spaces: The developer provides or improves public green spaces, parks, or play areas within or near the development, enhancing the local environment and providing recreational opportunities for residents.

4. Sustainability: The developer commits to reducing the carbon emissions, energy consumption, and water use of the development, through measures such as renewable energy, insulation, green roofs, and rainwater harvesting.

5. Monitoring and enforcement: The local authority monitors the developer`s compliance with the section 113 agreement and can take enforcement action if the developer fails to deliver on their commitments. The agreement also sets out the financial penalties or remedies for breach of the terms.

In conclusion, section 113 agreements are a crucial tool for ensuring that new developments meet the needs and aspirations of the local community. They provide a framework for developers to make financial contributions or take specific actions in exchange for planning permission, helping to mitigate the negative impacts of the development and enhance the local environment. As a copy editor, it is essential to understand the legal and policy context of section 113 agreements and communicate it clearly to the readers.

    Not Tags