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What are Section 106 Agreements?

Planning obligations, also known as Section 106 Agreements (based on The 1990 Town & Country Planning Act), are legal agreements made between local authorities and developers and can be attached to planning permission to make acceptable development, which would otherwise be unacceptable in planning terms. The land itself, rather than the person or organisation that develops the land, is bound by a Section 106 Agreement, something any future owners will need to take into account.

Monitoring fees

From 1 January 2017, we will be charging a monitoring fee on all Section 106 Agreements, including the standard unilateral undertakings for Public Open Space and Air Quality. The charge has been calculated to cover our cost in terms of administering, recording, spending and reporting of our Section 106 obligations. A flat fee of £110.80 will be paid on all standard unilaterals. On all non-standard Section 106 Agreements, a fee relating to the number of heads of terms, triggers and in-perpetuity clauses will be calculated according to the formula available in the supplementary planning document (SPD) for Open Space. Please note that where ‘on-commencement’ triggers are used, the fee will be lower than triggers which are mid-construction.

Section 106 Enquiries

Planning obligations under s106 of the town and Country Planning Act 1990 commonly known as S106 agreements, are a mechanism which make a development proposal acceptable in planning terms, that would not otherwise be acceptable. They are normally focussed on site specific mitigation of the impact of development.

The S106 Enquiry Form is to be used for any new requests for a S106 Agreement/Deed of Variation to an existing S106 Agreement/Unilateral Undertaking.

This form can also be used for any queries relating to compliance with an existing S106 Agreement or grant funding for an open space or play area project.

If you want to submit a Freedom of information request please visit the Freedom of Information page

Section 106 Funding Applications

If you would like to apply for funding please complete and return the Section 106 Funding Application form.

By Post:

Planning Obligations Monitoring Officer
Mid Devon District Council
Phoenix House
Phoenix Lane
Tiverton
Devon
EX16 6PP

By Email:
cil@middevon.gov.uk

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