12. Will Section 106 agreements continue to exist after CIL?
Section 106 agreements are used to cover some of the cost of community infrastructure works that are required to make a development acceptable in planning terms. However, now CIL is adopted, such agreements cannot be used to fund the same items on a planning authority’s Regulation 123 List because these items are to be funded from CIL receipts (see Q1). Section 106 agreements will only be used for site specific mitigation and affordable housing. Therefore, in areas that have adopted the CIL, the Section 106 burden that developers have to pay in future is likely to be smaller.