Section 106 Agreements
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.
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.