A unilateral section 106 agreement is a legal document that is often used in the United Kingdom to regulate the development of land. It is a contractual agreement between a developer and a local planning authority that sets out the obligations the developer must meet in order to obtain planning permission. In essence, it is a way of ensuring that developers contribute to the local community in a way that reflects the impact their development will have on the area.
The agreement is called “unilateral” because it is only signed by the developer. The local authority’s role is to agree to the terms of the agreement, but they do not sign it. This means that the agreement is only enforceable against the developer, not the local authority.
The purpose of a unilateral section 106 agreement is to ensure that the developer provides certain benefits to the local community in exchange for planning permission. These benefits could include things like the provision of affordable housing, the contribution of funds to local infrastructure projects, or the provision of green spaces.
The specific obligations that a developer must meet will depend on the nature of their development and the needs of the local community. For example, a large residential development may be required to provide a certain percentage of affordable housing units. Alternatively, a new shopping center may be required to contribute to the improvement of local transport infrastructure.
Once the obligations have been agreed, they become legally binding on the developer. Failure to meet the obligations could result in legal action being taken against the developer, which could result in fines or even criminal charges.
It is important to note that the terms of a unilateral section 106 agreement are negotiable. Both the developer and the local authority can propose changes to the agreement during the negotiation process. However, once the agreement has been signed, it becomes legally binding and cannot be changed without the agreement of both parties.
In conclusion, a unilateral section 106 agreement is an important tool for regulating the development of land in the United Kingdom. It helps to ensure that developers contribute to the local community in a way that reflects the impact their development will have on the area. If you are planning a development project, it is important to consider the requirements of a unilateral section 106 agreement and ensure that you are able to meet the obligations set out within it.