The Town and Country Planning Act (1990) and the Planning Act (2008) established the current process by which contributions the development industry makes are secured and charged.
Local Planning Authorities’ (LPAs) ability to negotiate ‘planning obligations’ with developers on a case-by-case basis is provided under section 106 of the 1990 Town and Country Planning Act. These agreements and what they are required for are known as ‘Section 106 agreements’ (S106).
The Planning Act 2008 and subsequent CIL regulations from 2010 to the amendments of 2019 provide the legislation for the community infrastructure levy (CIL). This is a locally determined ‘fixed charge’ on development which is calculated as ‘£X per square metre of new development’. LPAs, like Tewkesbury, that have chosen to adopt CIL can operate these two approaches, CIL and S106, in parallel to manage developer contributions.
Infrastructure funding statement (IFS)
To increase public awareness of the investment and public goods procured through developer contributions, such as affordable housing, community facilities and other infrastructure, all “contribution receiving authorities” are now required to produce an IFS that must be published on the Council’s website by 31 December each year. The IFS must include: a “CIL report”, a “S106 report” and an “infrastructure list”.