Member

This is where the Section 106 agreement comes in. A Section 106 agreement is a legal contract between the state and the developer that is tied to a planning permission. It requires the developer, inter alia the provider, to provide or fund the benefits to mitigate the impact of new development. It is legally enforceable, and breaches can be subject to the criminal law. The obligation does not die, say, with the bankruptcy or failure of the operator; it is attached to the land permanently. We will all be gone in 80 years, but the obligation to deliver on the promises we are making here today in this Chamber will persist. That should be exercising us, but none of it is in the Bill or contemplated by it. It should be ringing alarm bells that the body that is meant to be advising Ministers has not got it into the Bill either.