What are Section 106 Planning Obligations?
A Section 106 Planning Obligation is a legal
agreement (similar to a covenant) which provides a means of
ensuring that developers contribute towards the infrastructure that
is required to make a development acceptable in planning terms.
Contributions may be either financial or in kind and may be used to
deliver the following:
- Affordable housing
- Open space
- Requiring sums to be paid for the provision of offsite
infrastructure, education and community facilities etc.
There is a requirement that obligations will be:
- Necessary
- Relevant to planning
- Directly related to the proposed development.
- Fairly and reasonably related in scale and kind to the proposed
development
- Reasonable in all other respects
There is a fundamental principle that planning permissions may not
be bought or sold
A Quick Guide to Developer
Contributions (15Kb) (opens new window)
What do I need to do?
Initially, you should discuss likely required obligations with the
Area Planning Officer as part of pre-application discussions,
particularly if you will be making a major application.
A decision on an application is required within 8 weeks (minors) or
13 weeks (majors) and planning permission will not be granted
without a Section 106 Agreement in place (where necessary).
The following should be included with the planning
application:
- A completed Heads of Terms Form with Land title
and site plans, or
- your upfront payment in the case of
open space
contributions only.
Section 106 Agreements are also subject to legal fees which will be
payable before completion of the agreement, the cost of these
depends on the complexity of the agreement. The Section 106 Officer
will be able to advise you on an estimated fee. However, if you
make an upfront payment there are no legal fees incurred and the
contribution is refunded if your application is refused.
Timescales
Minor Applications allow 8 weeks for completion.
By 2 weeks you should have sent in your upfront payment, Heads of
Terms form or draft Section 106 Agreement. If you are entering into
an agreement, it will then be drafted, sent out for approval and
then finally for signature. This must be returned by the 6th week
to allow time for completion. Failure to meet these deadlines may
lead to refusal of the application.
Major applications allow 13 weeks for completion and as such a
signed agreement must be returned by the 10th week.
Further Guidance
You will find it helpful if you discuss your application with the
Area Planning Officer BEFORE you apply, not only to discuss the
application itself but also the likely obligations.
The Section 106 Officer facilitates fortnightly meetings with
relevant departments to discuss obligations required and the Area
Planning Officer will arrange for your application to be discussed.
This allows time to ascertain the obligations prior to applying for
permission, which in turn will speed up the planning process.
More information
on Open Space, Affordable Housing and other obligations
Further
information for Town and Parish Councils and other interested
parties
I need more information
If you need further information please feel free to
contact Waveney's Section 106 Officer on 01502 523052 or email
lorraine.francis@waveney.gov.uk
S106 Code of Practice