Section 106

Section 106 (S106) agreements are our current means of securing infrastructure to support development.  When a developer makes a planning application, they have to consider the local infrastructure requirements.  We draw up an S106 agreement before we grant planning permission, so the developer is legally bound to deliver specific infrastructure. Infrastructure can be delivered in kind, or payments can be made to support new facilities. 

The contributions we secure will only be paid if a planning permission is implemented.  The S106 agreement sets out at what stage during development the payments will be made.  The agreement also sets what the money is to be spent on, and when it needs to be spent by.

Further guidance on planning obligations and their use is available as part of the National Planning Policy Framework, Planning Practice Guidance.

Revised Draft Section 106 Planning Obligations

We recently consulted on a revised version of the S106 Planning Obligations Supplementary Planning Document (2.7 MB) PDF and the Revised 123 List (2.4 MB) PDF .  The consultation closed on 11 October 2017. 

The documents are interim updates and will be further reviewed in line with the new Local Plan and revised Infrastructure Delivery Plan.  They have been produced to ensure we capture contributions to secure infrastructure in the transition period until the new Local Plan is adopted.   It is anticipated that a revised CIL Charging Schedule will be adopted after autumn 2018.

The viability of large planning applications will be considered on a case by case basis taking into consideration the provision of affordable housing and the full CIL charge. CIL money does not need to be used for providing infrastructure on the site it is collected from. The proposed changes to the S106 SPD and Regulation 123 list will ensure that infrastructure necessary to be provided on site for large developments is going to be secured through S106 (subject to CIL Regulations).

We are currently reviewing the responses to the consultation; a consultation report and the updated documents will be available in due course. 

Community Infrastructure Levy and S106 Planning Obligations SPD

The Community Infrastructure Levy (CIL) is a charge that local authorities can implement to help deliver infrastructure and to support the development of their area. The money can be used to fund a wide range of infrastructure. You can find more about our CIL here.

The CIL Charging Schedule was adopted on 18 February 2016 and took effect on 1 April 2016. Planning obligations will continue to be used on individual sites to mitigate the direct impact of a proposed development and will be the primary mechanism for securing affordable housing. With the introduction of CIL we cannot ask the developer to pay CIL and planning obligations for the same infrastructure in relation to the same development. Therefore we have produced a Section 106 Planning Obligations Supplementary Planning Document (474.6 KB) PDF which sets out our approach towards seeking planning obligations from 1 April 2016. The Section 106 Planning Obligations SPD was adopted on 29 March (21.2 KB) Word 2007 and took effect on 1 April 2016.

We consulted on the draft S106 Planning Obligations Supplementary Planning Document from 24 September to 13 November 2015. Please refer to the consultation comments (40.8 KB) Excel 2007 and consultation report (69.4 KB) Word 2007 .

An SEA Screening Report (268.2 KB) (143.5 KB) Word 97-2003 has been prepared for the Supplementary Planning Document as well as an Equality Impact Assessment. (98.0 KB) Word 97-2003

Financial contributions

In the S106 SPD we set out that we will be seeking financial contributions for street naming and numbering, the provision of recycle bins, public art and monitoring costs. More information can be found here (160.7 KB) PDF .

Existing agreements

Section 106 agreements for developments already granted planning permission are available to view online.  These can be found by searching our S106 Register.

Developers – Find out how to make a S106 payment

Community – Find out how to apply for S106 funding

Parish and Town Councils

We are committed to working with town and parish councils to deliver local projects and are introducing new processes to pass on contributions to town and parish councils to help fund agreed local infrastructure.

We have created a Guide to S106 for Town and Parish Councils (69.1 KB) PDF which provides more information and answers to frequently asked questions.

Last reviewed: 20 - 10 - 2017

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