In this judicial context, the development of Section 106 agreements is under increasing scrutiny by landowners/promoters and local authorities, as well as local authorities. New restrictions on Section 106 obligations, which were achieved in 2010 in the form of the Community Infrastructure Tax Regulation ("CIL-Regs"). In general, infrastructure financed by the CIL should not be guaranteed by the obligations provided for in point 106. It was therefore assumed that the introduction of CIL would significantly reduce the length and complexity of commitments. CIL-Regs: the tests previously presented in the guidelines, which is a legal obligation to include in legislation (Regulation 122); and the nature and number of sectional contributions that can be guaranteed for infrastructure (limiting pooling in Regulation 123). Regulation 122 provides that an obligation can only be taken into account as a reason for issuing a building permit when it is in place: in conclusion, there are clearly many issues relating to the application of the section 106 agreements that must be addressed to ensure that these agreements are used for the purpose for which they were originally intended and that the granting of the building permit is not delayed because of the lengthy negotiation of these agreements. The effects of the CIL on the application of Sections 106A and 106B of the 1990 Act under section 106 of the 1990 Act provide for a procedure that can be used to modify or fulfill planning obligations incurred after October 25, 1991 without the consent of the local planning authority. Section 106 of the Planning Act 1990 itself defines legislation relating to what can be guaranteed as "planning obligations" provided that persons interested in the land can take such obligations (although the Section 106 agreements are autonomous contracts and are prescribed by law) and are concluded as deeds. Much of the "boiler plate" in section 106 of the chords is the result of the section itself, as described below. The section does not require that all persons interested in the land be required to join the obligation. However, it is of course preferable to ensure, if possible, that everyone does so, so that no part of the development can be presented without triggering the section 106 agreement. In certain circumstances, it is not necessary to link certain lands (when there is little or no construction in the countryside and/or the owners cannot be found or do not sign). This needs to be carefully evaluated on a case-by-case basis.
In addition, government reforms to the planning system and the introduction of alternatives to Section 106 funding agreements have significantly reduced the importance of Section 106 agreements. Where agreements are obligations relating to highways, whether it is construction of the alleged highway or acceptance/inauguration of land as a new highway, sections 38 and 278 of the Highways Act of 1980 may apply. These sections govern how land can be accepted by the local highway authority as a public highway (s38) at a public expense (s38), or guarantee funds for work on the existing highway or allow the developer to procure such works himself.