What is Section 106 of the NHPA?
Section 106 of the National Historic Preservation Act of 1966 (NHPA) requires Federal agencies to take into account the effects of their undertakings on historic properties, and give the Advisory Council on Historic Preservation (ACHP) a reasonable opportunity to comment.
What triggers a Section 106 review?
Section 106 is triggered when a federal agency determines that it has a type of undertaking that has the potential to affect historic properties.
How do you qualify for Section 106?
How they work
- a new house can only be occupied by a person with a local connection.
- a developer is obliged to provide affordable housing for local needs as part of a major development.
- a new house on agricultural land is restricted to agricultural workers only.
How many basic steps are in the Section 106 compliance process?
four basic steps
The goal of the Section 106 process is to identify and avoid, minimize, or mitigate adverse effects on historic properties. The process has four basic steps: establish the undertaking, identify and evaluate historic properties, assess effects to historic properties, and resolve any adverse effects.
Why is Section 106 important?
Section 106 agreements are drafted when it is considered that a development will have significant impacts on the local area that cannot be moderated by means of conditions attached to a planning decision.
When did section 106 came into force?
Section 52 of the 1971 Act was superseded by the coming into force of section 106 of the 1990 Act, which was later amended by the Planning and Compensation Act 1991 (the 1991 Act). Most section 52 agreements will have been entered into either unilaterally or with the local planning authority.
How long does it take to get a Section 106?
Most LPAs take time to deal with Section 106 viability reports; the vetting and negotiation process is unlikely to be complete in less than 8 weeks. It is therefore important to begin addressing this as soon as possible in the planning process.
How long does a Section 106 review take?
within 30 days
Consultation with the SHPO Upon receipt of a submittal, OHP reviewers look for the information suggested in the checklist we’ve provided and will respond within 30 days.
Who can buy a section 106 property?
This clause ensures that only people with an established connection to the specified locality can buy the property. The locality is defined in the Section 106 which normally gives a list of parishes.
What are S106 properties?
Buying a house under section 106 means that the property in question has a type of ‘restrictive covenant’ in place, which is a legally binding contract usually set by the local council to facilitate an affordable housing scheme.
Can I buy a section 106 property?
The Section 106 Agreement attached to your property will normally provide the information you need to sell your house, including; obtaining a valuation, stating the maximum percentage of the market value you are able to advertise and sell your home, who can buy the property and that the purchaser will normally have to …
How long does a S106 agreement last?
Under the Planning Act s106 (A) a person bound by the obligation can seek to have the obligation modified or discharged after five years.
What is a section 106 home?
Many homes that are subject to section 106 legislation are new-build properties, and while the majority of these will be of standard construction, a few are now being built with more unusual materials such as timber frames.
Are Section 106 charges exempt from councils?
This means that the fees vary widely from place to place and some self builders were faced with Section 106 charges that made up a large proportion of their overall project cost. Exemption was introduced for self builders in November 2014, but some councils were quick to seek to challenge this decision.
What are Section 106 agreements and Community Infrastructure Levy?
As such, Section 106 Agreements often require a financial contribution, made prior to the project starting. Unlike the Community Infrastructure Levy which is tariff-based, Section 106 is charged based on the specific needs of the local community and some councils use the number of bedrooms in the new home to decide what this charge should be.
What is section 106ba BB BB and BC?
The ‘Growth and Infrastructure Act 2013’ inserts new sections 106BA, BB and BC into the ‘Town and Country Planning Act 1990’ to introduce a new application and appeal procedure, to review affordable housing obligations on the grounds of viability.