Source · Select Committees · Housing, Communities and Local Government Committee
Recommendation 10
10
Accepted
Introduce a statutory Section 106 dispute resolution scheme for housing development.
Recommendation
The Government should introduce a statutory Section 106 dispute resolution scheme, under the provisions of the Housing and Planning Act 2016. If the Government does not intend to pursue this, it should set out a detailed explanation as to why the Ministry has chosen not to implement the provision legislated for by Parliament in the 2016 Act. This should include setting out any specific technical or legal barriers to implementation which the Ministry has identified. (Recommendation, Paragraph 55) Viability assessments
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Government Response
Accepted
HM Government · verbatim extract
Accepted
44. Mediation and alternative dispute resolution (ADR) already play a valuable role in the planning system for specific planning-related issues, including section 106 planning obligations, where negotiating and reaching consensus is required. 45. The existing provisions set out in the Housing and Planning Act 2016 enable parties to have third-party adjudication for unresolved issues regarding the terms of any section 106 planning obligations. We do not intend to implement these provisions at this time because we believe non- statutory guidance and policy – including our work with PAS on improving the section 106 process and proposed changes to the NPPF which are subject to consultation – are likely to have a more immediate impact than implementing primary legislation. We will keep this under review. 46. The draft revised NPPF also re-iterates the importance of good quality pre-application engagement between applicants and LPAs to identify and resolve key matters. These matters include planning obligations for the development, to enable the head of terms for the s106 to be agreed as quickly as possible once the application has been submitted. Viability Assessments
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