As with any legal document, finding a section 106 agreement can be a daunting task for the uninitiated. However, with a little guidance and the right resources, anyone can locate a section 106 agreement.
First, what is a section 106 agreement? It is a legal agreement made under section 106 of the Town and Country Planning Act 1990, between a developer and a local planning authority. This agreement sets out the obligations that the developer must fulfill in order to gain planning permission.
So, how do you locate a section 106 agreement? Here are some steps to follow:
1. Start with the local planning authority: The local planning authority is responsible for creating and enforcing the section 106 agreement. Therefore, it is the best place to start looking for the agreement. You can typically find the contact information for the local planning authority on their website. Once you have their contact information, it is best to call or email them to request a copy of the agreement.
2. Check the Land Registry: The Land Registry is a government organization that maintains a registry of land and property ownership in England and Wales. If the section 106 agreement has been registered with the Land Registry, you can obtain a copy of the agreement from them for a fee.
3. Search public records: Section 106 agreements are public documents, which means they are available for public inspection. You can often find them in local libraries and archives or request them from the council`s public records office.
4. Search online: There are a few online resources that can help you locate a section 106 agreement. The National Archives website has a collection of planning documents that may contain a section 106 agreement. Additionally, many local planning authorities have online databases that can be searched for planning documents.
In conclusion, finding a section 106 agreement can seem like a daunting task, but it is not impossible. By following the steps outlined above and using the resources available to you, you can locate the agreement and gain a better understanding of the obligations that developers must fulfill in order to gain planning permission.