Tendring DC Logo

Planning (Section 106) Legal Agreements


On 11 December 2007, following the issuing of the Inspector's Binding Report, the Council resolved that the Tendring District Local Plan be immediately adopted. This has a significant effect for all Planning Applications for new developments in respect of S106 Legal Agreements. A Section 106 Legal Agreement is an agreement drawn in accordance with S106 of the Town and Country Planning Act 1990 (as amended) and within the guidance laid down by Government Circular 05/2005: Planning Obligations. The agreement is entered into by the owner(s) and any party who has an interest in the land (e.g. mortgagee) to complete Planning Obligations as a result of the development being undertaken.
A S106 Legal Agreement will be required for every application* for the development of new dwellings and possibly for other forms of development.
*excludes applications for extensions, property alterations, conservatories etc. If you are unsure, please call the Legal Agreements Manager on 01255 686109.

The scale of contributions follows a per unit formula set by the Council, as set out in the pdf document: Scale of Contributions including worked examples.

How will the money be used?
The Council on its part will use the contributions in accordance with the purposes identified in the agreement.

Can I check how the contribution has been spent?
The Planning Service monitors the use of financial contributions through development very carefully.

The reports below, updated monthly, show you how and where your contribution has been spent.

Section 106 Financial Reports to 28 February 2010: (agreements already signed and where the funds are being spent.)

Latest Finance Report Latest Regeneration Report
Latest Leisure Services Report Latest Affordable Housing Report
Latest Finance Report (grouped by parish and town)


Need Help?
If you have any difficulty calculating the relevant contribution please do not hesitate to contact the Planning Service to talk through the requirements with us. Alternatively you could call our Legal Agreements Manager, John Farrow, on 01255 686109

Further Guidance on Section 106 agreements


Many of the above documents are provided in adobe acrobat pdf format and if you need to you can download the free adobe acrobat reader software here.



Page Last Updated
02 March 2010