Safeguarding yourself from 106 Agreements

Grass And Grain

Member
Mixed Farmer
Location
Yorks
Thinking about solar or wind turbines.or battery storage, lots of grid connections are now 2033+

Farmers could find themselves in situation where developer applies for planning permission, then needs to implement planning permission within timeframe (is it 3 years?).

I understand it's usually that 106 agreements are triggered at planning implementation, but renewable facility might not get built out for another 2-3 years, if at all. 106 responsibility could easily be £30k/annum for large projects.

The 106 can fall back to the landowner if tenant/developer does a disappearing act.

How can we protect ourselves from this?
 

MrNoo

Member
Arable Farmer
Location
Cirencester
Unsure, certainly in our case planning was granted, three years passed, the Co who owned the project constructed a car park (this met the planning requirement) the site sat dormant for a further 4-5 years and was then built out. The Section 106 was paid when the site started producing, which I believe was £60-80k for the Parish Council which was due over a 5 year period but they demanded it all in one hit.
 

Grass And Grain

Member
Mixed Farmer
Location
Yorks
Unsure, certainly in our case planning was granted, three years passed, the Co who owned the project constructed a car park (this met the planning requirement) the site sat dormant for a further 4-5 years and was then built out. The Section 106 was paid when the site started producing, which I believe was £60-80k for the Parish Council which was due over a 5 year period but they demanded it all in one hit.
Thanks. It seems often to be the case the 106 payments trigger at energisation (which is good news). Completely different to housing estates which could trigger at planning implementation.
 

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