• Section 106
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Section 106 Legal Agreement
 
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:
  1. A completed  Heads of Terms Form  with Land title and site plans, or
  2. 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