Planning obligations, also know as Section 106 agreements, are legal agreements made between the council and developers. They are attached to certain types of planning permission to make development acceptable when it would otherwise be unacceptable in planning terms.
Planning obligations are used to:
prescribe the nature of a development (such requiring the provision of affordable housing units);
compensate for loss or damage created by a development (such as the loss of a community use); or
mitigate the impact of a development (such as improvements to a road junction).
When is a Section 106 Planning Obligation required?
S106 agreements must follow strict legal guidelines. Planning legislation indicates that a planning obligation is only appropriate where it is:
necessary to make the development acceptable in planning terms;
directly related to the development and
fairly and reasonably related in scale and kind to the development.
The process of preparing a legal agreement will be managed by your planning application case officer in conjunction with the council's legal services. Please contact your case officer with any queries regarding the S106 process.
Monitoring of S106 Planning Obligations
The council monitors the delivery of financial and non-financial S106 obligations to ensure that these are secured in accordance the relevant planning legal agreement.
The council maintains a schedule of all the S106 financial contributions it currently holds. Contributions are logged according to purpose and organised under the relevant cabinet portfolio. A brief summary of the purpose of the contribution and whether the funds have been allocated towards a particular scheme can be found in the comments box at the end of each row.
The schedule is updated on a quarterly basis in June, September, December and March. Each quarter, any new contributions received are added to the schedule and highlighted in bold.
As S106 planning obligations are related to the land, subsequent owners and occupiers may be bound by these obligations. Consequently, it is common for conveyancing solicitors to require copies of S106 legal agreements and to seek evidence that obligations have been discharged.
The majority of S106 legal agreements are available to view through the online planning register. You will need to search by the address to which the planning application was linked which may differ from the address of newer properties on a site.
In the "PP reference number" field, please state S106 Compliance Fee and Property Postcode.
A response will be sent to you within 10 working days after the receipt of a valid submission.
Please be aware that we do not have the resources to thoroughly check through the agreement to identify and confirm each obligation. The check will therefore comprise only the obligations that are recorded as having been paid or discharged. If once you have received the results of the check, you have further queries, please identify the relevant obligation within the agreement and where possible we will provide you with any further information we have.
Modification or Discharge of Planning Obligations
Under Sections 106A or 106BA of the Town & Country Planning Act 1990 a landowner may in certain circumstances seek to modify or discharge a planning obligation. Parties wishing to make such an application are required to complete the application form provided below and pay a fee of £246. A separate application form and fee is required for each proposed modification or discharge.