A Section 106 planning restriction is a legal agreement that is put in place to regulate the use of a property in a way that is consistent with the local planning policies. Section 106 agreements are often used to mitigate the impact of development on the local community and to ensure that new developments are compatible with the surrounding area.
One example of a Section 106 planning restriction is a restriction on holiday letting. This type of restriction may be put in place to prevent a property from being used as a short-term rental, such as a holiday home or vacation rental. This can be important in areas where holiday letting may have a negative impact on the local community, such as by increasing traffic or noise, or by reducing the availability of housing for long-term residents.
Section 106 planning restrictions are typically put in place by local planning authorities and are legally binding on the property owner. It is important for buyers and sellers of property to be aware of any Section 106 agreements that may be in place, as they can have a significant impact on the use and value of the property.
Section 106 agreements can be used in a variety of ways to regulate the use of a property and to mitigate the impact of development on the local community. Some other examples of how Section 106 agreements may be used include:
- Restrictions on the type of use: Section 106 agreements may be used to restrict the type of use that is allowed on a property, such as by limiting the property to residential use or by prohibiting certain types of businesses from operating on the property.
- Restrictions on the intensity of use: Section 106 agreements may be used to regulate the intensity of use on a property, such as by limiting the number of people who can occupy the property or by restricting the hours of operation.
- Mitigation measures: Section 106 agreements may be used to require the developer or property owner to implement certain measures in order to mitigate the impact of development on the local community. For example, a developer may be required to provide additional parking spaces or to contribute to the cost of improving local infrastructure in order to offset the impact of the development.
- Affordable housing: Section 106 agreements may be used to require developers to provide a certain percentage of affordable housing as part of a development project. This can help to ensure that new developments are accessible to people with a range of income levels.
