Section 106 Agreement Gwynedd
Posted on: April 12, 2021
We use legal conventions known as Section 106 to ensure that homes remain affordable for a local, not only for the first occupant, but also for future residents. “This agreement could be designed to stop the growth of holiday homes, but the people involved are the local people who built houses under the agreement. Evan Owen, a planning consultant, says that people who end up self-structuring on land that is only subject to local Section 106 agreements can end up in negative equity when they are sold. The National Park Authority said that if an owner wanted to lift an old occupancy restriction, the agreement would be reworked. City councillors at the planning meeting were upset that the clause was rendered unenforceable, and many felt that the Section 106 agreement worked well to ensure that local people could obtain housing and, at the same time, to stop the proliferation of holiday homes. In a statement, they added: “If the original goal of obtaining affordable housing on site cannot be achieved or justified for planning reasons, the owner is exceptionally asked to pay a $30,000 shuttle to remove the 106 agreement. Planning officials at Gwynedd Council told a Dwyfor planning committee on Monday shocked that after seeking legal assistance, they had been informed that the section 106 (local needs) agreement used for many years by planning chiefs to limit community ownership to Aboriginal people was unenforceable. A copy of a section 106 legal agreement can be obtained from the Legal Service of the Authority. Council member Liz Saville Roberts said: “This is a threat to the Welsh language. Come to Abersoch in November to see how many lights are on. Section 106 allowed local people to buy homes in the area. But housing law expert Clare Parry told Gwynedd Council in 2010 that her policy required a “high degree of probability” that a property would become a second home to resist attempts to remove 106 agreements. Evan Owen, who helped many homeowners remove the Section 106 clause from their properties, said the announcement would be lengthy.
“These amendments mean that councils must now consider the context of each application and specific issues relating to the location and circumstances of the property when they receive a request to withdraw from an existing local occupancy agreement under Section 106.” “The irony is that if they want to sell their homes, many are in a negative equity position, where they cannot sell their homes at market value, because of the strict rules that may or may not buy the house. The Snowdonia National Park Authority does not build houses and is not a housing agency. However, as a planning authority in Snowdonia National Park, we try to ensure that new buildings or transformations are needed by the type of people who live and work on site. In their original format, the restriction says that only those who work or live within 30 miles can buy. Dyfed Edwards, Chair of the Gwynedd Council, said: “As City Councillors, we are very concerned about these changes in national planning policy and their impact on the Council`s ability to implement these policies that address the housing needs of the local population in rural committees. I have already convened a Council delegation which, in October, will meet with the Assembly Government`s Housing Minister, Jocelyn Davies AM, to highlight our concerns. You will find an explanation of the Welsh Government`s definitions for affordable housing that we use in the Welsh Government`s Technical Council 2: Planning and Affordable Housing. Click here for more information on how to get advice before you apply for planning.