Section 106 Monitoring
What are Section 106 Planning Obligations?
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 Supplementary planning documents and guidance (2014) sets out the council's approach to securing S106 obligations and explains the relationship with the Community Infrastructure Levy.
Preparing a Legal Agreement
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.
All Section 106 agreements prepared include a which should be submitted prior to the commencement of development. Completed forms should be emailed to firstname.lastname@example.org
Once the council has received a PO1 form we will begin the process of monitoring the delivery of the obligations in the agreement. This could include:
- site inspection visits
- requests for financial obligations
- reviewing of relevant evidence
- written discharge of obligations.
Officers will also ensure that financial contributions received are spent in a timely manner and in accordance with the requirements of the relevant agreements.
A summary of S106 income and expenditure is provided in the council's annual Infrastructure Funding Statement.
S106 Financial Contributions
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.
Historic S106 Agreements Obligations
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.
Please complete the form and sign/date it and return to email@example.com
The requisite fee required for this information is £105, if multiple agreements are required then the fee is £105 per agreement.
Payment should be made online via the online planning payments form: Planning payments form
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.
Payment of the fee should be made via the online planning payments form: Planning payments form
In the "PP reference number" field please state "S106 Modification" and the planning permission reference of the original legal agreement you wish to modify.