The government’s consultation on the definition of zero carbon buildings (http://www.communities.gov.uk/publications/planningandbuilding/zerocarbondefinition) lists section 106 agreements as a potential way in which CO2 savings can be made by the developer off-site, rather than have to fulfil the requirements of ‘zero carbon’ by purely on-site means (although there will still be an element of on-site mitigation required). To quote the consultation document: “The Planning Policy Statement: Planning and Climate Change expects new development to be planned to make good use of opportunities for decentralised and renewable or low-carbon energy. S106 Planning Obligations provides a potential mechanism through which such infrastructure might be delivered.” Although I am familiar with Milton Keynes Policy D4, I find this proposition intriguing and was wondering whether anyone could help enlighten me on the following aspects of S106 agreements: 1. Is there a timeframe in which the money has to be spent/ S106 condition fulfilled? If so, what is it? 2. I have heard that S106 agreements need to demonstrate benefit to the development they pertain to. Is this correct? 3. Do you see any potential problems with use of S106 agreements to provide low and zero carbon energy infrastructure (as a mechanism for ‘zero carbon’ developments)? 4. Who has the upper hand in negotiating the S106 – the developer or the council?
