Section 106 FAQs
How are planning obligations agreed?
As part of the determination of the planning application, we will work with the landowner/developer to reach an agreement which is tailored to the development site. Obligations such as affordable housing and open space etc are set by policy within the Local Plan. The planning team will consult with relevant groups and these consultees will put forward matters to be included within the S106 agreement. Evidence to support the need for any contribution must be provided, as without this, the Council cannot include that obligation with the S106.
The decision on a planning application will not be released until the Section 106 agreement is signed.
When are Section 106 contributions paid?
The trigger points for delivery of an obligation or for payment to be made by the landowner/developer will be specified in the agreement. The timing of this will be dependent upon the type of contribution, size of the development and timing of when delivery of the obligation is required. In the case of larger developments, there are often multiple trigger points to satisfy one obligation.
For example, in the case of residential developments, the trigger point for payment will often relate to the commencement date of works on site, the number of dwellings completed, the number of dwellings occupied or a combination of these.
It is important to note that an obligation will only be realised if the planning permission is implemented and the trigger point specified within the Section 106 agreement is achieved.
What can Section 106 financial contributions be used for?
Section 106 financial contributions are used to secure site-specific infrastructure to meet the needs of residents of new developments and lessen the impact of development. The payments secured through a Section 106 agreement relate directly to the development with which they are associated and can only be spent as specified in the agreement. It should be noted that these funds cannot be spent on other generic matters, regardless of the need for such funding.
How is the money allocated?
Once S106 financial contributions are received by the council, the funds are allocated to various delivery teams within the Council, for example affordable housing, highways, education. This service area is responsible for spending the financial contributions in accordance with the terms of the S106 legal agreement.
How long do we have to spend S106 funds?
A time limit is usually set for spending the contributions received and this will be specified in the agreement. Individual service areas are responsible for spending S106 monies collected within this timeframe.
Is a section 106 agreement registered as a land charge?
All S106 agreements run with the land. They are therefore registered as a local land charge, and as such may be enforced against the original signatory to the agreement and against successors in title. The agreement will be revealed in any local land charges search, until such time as the obligations within the agreement have been discharged by the local planning authority.
Can I obtain a copy of a Section 106 agreement?
Copies of agreements can be downloaded free from the Planning section of this website.
In some cases, the agreement may not be available online (for example due to the size of the document). If you are unable to find the agreement that you are looking for, please email the council's business support officers, who will arrange for a copy to be made available to you:
Support officer contacts are dependent on the geographical location of the development site within the county: