Section 106 (S106) Legal Agreements

Section 106 agreements are created when a development is expected to have significant effects on the surrounding area that cannot be adequately addressed by planning conditions.

Copies of S106 agreements can be viewed on our public access site by searching under the planning application number they relate to.

About the Section 106 Agreements

Section 106 Agreements are legal agreements between Local Authorities and developers; these are linked to planning permissions and can also be known as planning obligations.

National Planning Policy Framework sets out government's planning policies for England and how these are expected to be applied. Read more on Planning Obligations policy.

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.  

Section 106 contributions can only be spent on facilities where the new development has, at least in part, contributed to the need for the facilities or infrastructure. They are not council funds, but the contributor’s money which is held by the council to deliver previously agreed projects for the benefit of the community.

Further information on the Council’s requirements for S106 planning obligations are set out in the document below.

What a Section 106 agreement covers

When a planning application is submitted to the council, we will assess whether the effects of the proposed development would have a significant impact on the local area.

The need for a S106 will vary depending on the nature of the development and its impacts. The most common obligations include:

  • Public Open Space, delivery, and future maintenance
  • Affordable Housing
  • Delivery of Social Value
  • Provision of infrastructure to provide additional school places
  • Highway infrastructure
  • Town centre Improvements
  • Provision of infrastructure to allow for GP capacity
  • Off-site tree planting and ecological mitigation

Preparation of the Section 106 Agreement 

The content of the S106 agreement is agreed between the local planning authority and the applicant when the planning application is being considered by the council. The S106 Legal Agreement can be prepared by the council's solicitors and the applicants will be required to pay the solicitor's fees.

Monitoring Fees 

Planning law allows Local Authorities to charge a monitoring fee through section 106 planning obligations, to cover the cost of the monitoring and reporting on delivery of that section 106 obligation as described above.  

View the cost of our monitoring fees and other fees. 

Annual infrastructure funding statements

In accordance with the Community Infrastructure Levy Regulations any authority that receives a contribution from development through the levy or section 106 planning obligations must prepare an infrastructure funding statement.

The Infrastructure Funding Statement (IFS) is an annual report which provides a summary of all financial and non-financial developer contributions relating to Section 106 Legal Agreements.

This report provides an overview of financial contributions the Council has secured through section 106 agreements from new developments for off-site infrastructure works, affordable housing, the provision of education and healthcare and economic development (Social Value) for each reported year.

What information the report provides 

In summary, the report provides:

  • an overview of s106 agreements;
  • the s106 contributions paid to the council in the reported year
  •  the s106 contributions spent in the reported year
  • s106 contributions secured for future years; and
  • projects delivered in the borough via s106 in the reported year

The information included in the report will be updated annually and published on the council’s website. This will ensure the most up to date information on the amount of developer contributions received from new developments in addition to information on where these monies have been spent is readily available to members of the public and other interested parties.

Download our Annual Infrastructure Reports

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