Section 106 Trigger points for review - affordable housing - Public forum - Planning Advisory Service (PAS)

I act for a LPA and have recently completed an agreement covering the provision by the developer of a viability report, the availability of grant and the consequences of that It is a large document but happy to let you have a copy if you want to contact me direct

Have you seen the report ATLAS produced a few years ago on cascades? It provides advice on the proce sto go through as well as a number of case studies at the back. Cascades have been used for some time on large scale sites where future grant levels were uncertain, and the concept is being explored for a number of projects where the (market) values have droppped and future obligations could be linked to market recovery. Ashford is one of the most advanced having signed at least one S106 that includes deferred payment mechanisms. You can get the cascade research report via this link. http://www.atlasplanning.com/page/topic/index.cfm?coArticleTopic_articleId=74&coSiteNavigation_articleId=74 ATLAS will be publishing a new topic paper soon on repsonses to the downturn which will include more advice on approache sto take and flexibilities in conditions/S106.

I would appreciate a copy of the example agreement, Jo are you able to send this to adoherty@rushcliffe.gov.uk ? Thanks

As Rob points out we at Ashford have S106s that deal with the issue of deferring payments until the market improves. This has the advantage of ensuring that the community does not give up on the contribution now. the priciples behind this approach are set out in our report to the Planning Committee on !0 February 2009. the link is https://secure.ashford.gov.uk/cgi-bin/committee/index.cfm?fuseaction=DocTrack.getPlanningDoc&PlanningID=842 If this doesn't work then you can access it via our web site www.ashford.gov.uk The most recent agreement was for Newtown Works reference 05/01798/as also available via our web site.

If you would like help with negotiating or setting up a template for S.106 agreements please contact us at info@bpglimited.co.uk or visit our website at www.bpglimited.co.uk. We are co-authors of the HCA's Economic Assessment Tool and provide traing on viability in the planning process. We have done a number of cascade mechanisms for local authorities and developers. We have also recommended review periods for S.106 agreements which allow the developer a period of certainty to get funding in place, start development and allow the Council not to lose out if the market improves.

Hi Andrew, We really appreciate the input of our colleagues in the private sector into how we can all deliver better planning - However, the forums aren't here for you to tout for business. If you've got specific stories to share about what worked where and what you think were the reasons that made it work we'd love to see those kind of contributions! You'd also be welcome to share any s106 templates you've developed using the 'attach a file' function. All the best, John.

How are things progressing on this matter? I am interested in the detail of viability review mechanisms on large schemes. I am suggesting that we need a review process that updates viability based on current/actual build prices and market values. Developers push for BCIS and house price index which seems very crude to me, particularly in particular locations where market values or build costs may not follow the norm. Has any LA successfully put in review clauses in a S106 that spell out the use of current, local data? Many thanks