Planning Permissions

Section 106 Agreements

Section 106 agreements are legal agreements between local authorities and developers, which are linked to a a planning permission. These are also variously known as planning gain, planning benefits, community benefits or planning obligations.

Section 106 legal agreements are associated with a particular development and as they are a legal charge on the land, they transfer automatically with any change in ownership.

All planning applications are assessed on an individual basis and not all developments will require obligations. When a planning application is submitted to a Local Council an assessment will be made of the likely level and type of pressure that a development would generate. Where significant impacts are expected, the Local Council and the developer will agree a Section 106 agreement that lists all the things that the developer must do or provide to balance the impacts.

Planning obligations can deliver real benefits to the community around the development and Central Government issues guidance notes to the Local Councils which advises them that incumbent obligations on the developer these must be

  • relevant to planning
  • necessary to make the proposed development acceptable in planning terms
  • directly related to the proposed development
  • fair and reasonably related in scale and kind to the proposed development
  • reasonable in all other aspects

A Local Council's approach to securing benefits through the Section 106 process should be grounded in evidence based policy.

  • Affordable housing
  • Creation of open spaces, public rights of way
  • Servicing agreements
  • CCTV
  • Adoption of new highways, travel plans
  • Health Care Provision
  • Local employment and training strategies
  • Compliance with the Considerate Contractors Scheme
  • Measures to encourage sustainability and bio-diversity, such as green roofs etc.

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