Section 106 planning obligations

Planning obligations, also known as Section 106 agreements, are agreements between ourselves and developers negotiated as part of condition of planning permission

What are Section 106 agreements used for?

Section 106 agreements include contributions to help pay for infrastructure needed to support new development. The money goes towards local services like transport, schools, health facilities and parks.

Will have to pay contributions?

If your development is smaller than 10 units, you probably won't have to pay any contributions.

We'll write to you after we've validated your planning application to tell you if you have to pay and how much.

What happens if have to pay contributions?

Get professional advice

If you have to pay contributions, you might want to get help from planning agent or solicitor for the next stage, as planning obligations are legal agreements.

Types of agreement

You'll need to send us one of the following:

  • bilateral Section 106 agreement
  • unilateral undertaking

You must also send us evidence that you own the land. GOV.UK provides guidance on how to obtain official copies of proof of ownership. Photocopies or web downloads won't do. Make sure that the boundary marking on these documents matches the red line on your planning application.

What's the difference between these agreements?

Unilateral undertakings are for more straightforward cases. They're simpler and easier to prepare.

Bilateral agreements are usually for more complex cases involving larger sums of money which both you and ourselves will need to agree and sign.

Fees for drawing up the agreement

If you use our standard unilateral undertaking template and just fill in the blanks and delete contributions that don't apply, you'll pay the lowest fee of £500. The process is also easier and quicker if you use our standard template.

If you change the standard unilateral undertaking, make up your own version, or send us bilateral agreement, fees will be worked out on case-by-case basis.

We won't give planning permission until you've paid these fees.

Monitoring fees

The Council charges fee to monitor all planning obligations as set out in the CIL Regulations. This is in addition to the legal charge for drafting and checking the obligation.

The Council will determine the amount of monitoring fee required on case by case basis, taking proportionate approach, having regard to the contents and requirements of the .106 agreement.

When to pay contributions

You should pay before we write to say we're willing to grant permission for the development.

How to pay

Use the link below and then choose payment type 'Planning S106 Contributions' from the dropdown menu.

Pay Section 106 contribution

Refunds

We don't refund contributions unless they were made under bilateral agreement and weren't spent within the given timescale.

Can an agreed planning obligation be changed?

Planning obligations can be renegotiated at any point, where the local planning authority and developer wish to do so. Where there is no agreement to voluntarily renegotiate, and the planning obligation predates April 2010 or is over 5 years old, an application may be made to the local planning authority to change the obligation where it “no longer serves useful purpose” or would continue to serve useful purpose in modified way (see section 106 of the Town and Country Planning Act 1990).

Modify or discharge planning obligation

Further information

GOV.UK provides comprehensive guidance on Section 106 agreements.

Download the S106 template agreement