Section 106 Agreement Yorkshire Dales

The mix of ownership, size and type of affordable housing that the s106 agreement is to provide is defined in local policy and is discussed in financial sustainability negotiations. Affordable housing units must be transferred to the CP at the transfer prices agreed to by Council. S106 funds are usually paid in instalments during the major phases of construction, known as “trigger points”, usually agreed upon during the drafting of the s106 contract. For example, 50% can be paid on the spot at the beginning and the remaining 50% at completion, or the trigger points can be when occupying a certain number of dwellings. These triggers and the amounts to be paid are agreed in consultation with your planning manager. Guidelines C1 “Living in settlements”, C4 “Division” and L2 “Transformation of traditional buildings – acceptable uses” of the Yorkshire Dales Local Plan 2015-2030 and HS1 of the Eden Local Plan 2014-2032 allow residential construction to meet local needs. In order to ensure that these units are available to the local population or for short-term vacation rentals, the policy requires the developer to enter into a legal agreement to limit the occupancy of new housing to people who meet “local needs”. Applications should therefore contain confirmation that occupancy of dwellings is subject to the occupancy criteria set out in local plans. Occupation is sometimes limited by a planning condition or legal agreement. It is an established and valuable mechanism for ensuring planning issues arising from a development proposal. Occupancy restrictions imposed by legal conditions or agreements are often used to reconcile development with the Sustainable Development Goals, as articulated in relevant local, regional and national planning guidelines. The reference for each polygon is the number of the construction application – details can be found under The extension of areas covered by occupancy restrictions or legal agreements in the YDNPA is considered a polygon.

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