• Section 106
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S106 Obligations
Open space contributions

These obligations may often be in the form of a financial contribution (usually on developments of up to 19 dwellings) or included as part of the development.

Residential developments of 1 new dwelling (including change of use and sub-division) will make a contribution of £915 for the improvement of open spaces and play areas within the vicinity of the development. On minor developments of more than 1 new dwelling, a financial contribution based on site density will be required. Table of density based charges and Note on Implementation – Open Space .

Where only an open space contribution is required it is possible to make an upfront payment when you apply for planning permission, eliminating the need for a legal agreement and any legal fees. Upfront payments are refunded if the application is refused. You can send a payment with your application or include your intention to do so within your Heads of Terms document.

Refunds for upfront payments will be made automatically 6 months after refusal, to allow for re-application (saving you time in cashing a refund and making the same payment again), or an appeal. You may request an immediate refund however, if you do not intend to re-apply or appeal the decision.

Major developments will require pre-application discussions to determine the type of open space contribution required.

Affordable housing obligations

There is a requirement on developments of 3 or more dwellings for an element of affordable housing to be included within the development. The requirement is for provision of 30% (i.e. one in three dwellings).

The type of affordable housing required depends on the need in the area at the time of your application and may be for rented (which is currently in the highest demand), shared equity or subsidised low cost housing. It is advised that you engage with a preferred Registered Social Landlord (RSL) to discuss the requirements prior to the application. In exceptional circumstances and only where it is inappropriate to provide affordable housing on the site, an off site contribution to affordable housing may be agreed.

Preferred RSL’s are:

Flagship Housing - Martin Aust, Director of Development (01603) 255450
Orwell Housing - Greg Dodds, New Business Manager (01473) 218818

Table of commuted sum charges and Note on Implementation – Affordable Housing


Other contributions/obligations

It is likely that other obligations will be necessary on major applications and these should be discussed with the Area Planning Officer prior to making an application. This allows us to consult with relevant departments to determine what you will need to submit along with your application