Section 106 (S106) Agreements are legal agreements between Local Authorities and developers; these are linked to planning permissions and can also be known as planning obligations.
Section 106 agreements are drafted when it is considered that a development will have significant impacts on the local area that cannot be moderated by means of conditions attached to a planning decision.
For example, a new residential development can place extra pressure on the social, physical and economic infrastructure which already exists in a certain area. A Planning obligation will aim to balance the pressure created by the new development with improvements to the surrounding area ensuring that where possible the development would make a positive contribution to the local area and community.
What the Section 106 Agreement will cover
When a planning application is submitted to the Council, we will assess the application as to whether the development would cause a significant impact to the area and community.
The S106 will vary depending on the nature of the development and based on the needs of the District. The most common obligations include:-
- Public Open Space
- Affordable Housing
- Town centre Improvements
Preparation of the Section 106 Agreement
The content of the S106 agreement is agreed through the consultation period of the planning application with the relevant parties and planning officer. The S106 Legal Agreement will be prepared by the council's solicitors and the applicants will be required to pay the solicitor's fees excluding VAT.
The Development Planning Manager has the responsibility for ensuring that all agreements are completed prior to the proposed works commencing.
You should notify us when you are about to commence works so that we can then calculate the contribution fee required. Once the contribution has been received we will monitor the council's spending of this money to ensure that it is used for the correct purpose.
Please note that the Monitoring Fees are payable at the time the S106 Legal Agreement is signed.
If the proposal is for a minor development you have the option of completing a Unilateral Undertaking instead of a full S106 Legal Agreement.
Spending of the contributions
Our quarterly report shows you how and where contributions have been spent:-
Useful documents and links