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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 Funding Applications

If you would like to apply for funding please contact us by emailing S106@middevon.gov.uk  

If funding is available we will send you the relevant application forms, and details of what you will need to provide us in order to support your application request.

Your application will go through a process of validation and approval before a final decision is made.   

Section 106 Project Applications

If you would like to apply for a Project please contact us using by emailing S106@middevon.gov.uk.

If your project fits the necessary Section 106 criteria, we will send you the relevant application forms, and details of what you will need to provide us in order to support your application request.

Your application will go through a process of validation and approval before a final decision is made.  

Obligation Searches 

Obligation searches can take three to four weeks to process, this is due to carrying out various checks and awaiting information to be returned, to the monitoring officer. In order not to hold up a property completion it is advisable to log a request at the point of instruction. The monitoring officer works in date and there are periods where the team are busier than normal and this can cause unfortunate delays. Please email all each obligation search request to S106@middevon.gov.uk. At all times you must include an application number and any other related application numbers, and the S106 agreement dates, this will prevent  further delays. 

 

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