County and district or district councils have committed to publish this standardized proposal in advance so that applicants are clear about what documents they need to complete as part of the application process. This reduces delays and costs for candidates and simplifies the planning process. County and district or Borough councils do not foresee meaningful dialogue with applicants on changes to the standard model, with the exception of the removal of references which are clearly not applicable, as the proposal has been agreed by County Council and the Staffordshire District or Borough Council Planning Authorities. The legal tests for when you can use an s106 agreement are set out in Regulations 122 and 123 of the Community Infrastructure Levy Regulations 2010, as amended. These new application and appeal procedures do not replace existing powers to renegotiate section 106 agreements on a voluntary basis. In addition, with respect to affordable housing, this provision does not replace provisions to amend an obligation established by the 1992 regulations and updated by the 2013 regulations (see above). DCLG has published a guide to support changes to the Growth and Infrastructure Act 2013, which contains more detailed information on what is needed to change the provision of affordable housing in a Section 106 commitment and assess change requests. It is a guide to the format of the application, complaint and evidence; in particular the necessary evidence of viability and how it should be assessed. In terms of developer contributions, Community Infrastructure Levy (CIL) has not replaced the Section 106 agreements and the introduction of CIL has resulted in a strengthening of the 106 tests. With regard to developer contributions, S106 agreements should focus on the specific risk reduction needed for further development. CIL was designed to deal with the broader effects of development. There should be no circumstances in which a developer pays CIL and S106 for the same infrastructure with respect to the same development.
In addition, the guidelines specify that, following the Ministerial Declaration on Start Houses, NPPs should not strive to contribute to affordable housing under Section 106 of the Start-up House Development (but may still aim for s106, which mitigates the development impact).