The Government has updated its Planning Practice Guidance to
encourage speedy resolution of S106 Agreements and reduce resultant
delays in the planning process. This follows a consultation on
proposed changes to the legislative framework governing S106
agreements, potentially including setting stricter timescales for
S106 negotiations and creating a dispute resolution mechanism to
resolve these where timescales are not met.
The updates to the Planning Guidance include an expectation that
negotiations take place early in the pre-application process and
that these be concluded in time to allow decisions to be issued
within statutory timescales. These inclusions are welcome, although
I would not expect a sea-change from the current situation; the
expectation for statutory timescales to be met is sufficiently
caveated so as to allow wriggle room for parties struggling to come
to an agreement. And it is of course just guidance.
