Section 106 Obligations

New Development often creates a need for additional infrastructure or improved community services and facilities, without which there could be a detrimental effect on local amenity and the quality of the environment. National planning policy sets out the principle that applicants may reasonably be expected to provide, pay for, or contribute towards the cost, of all or part of the additional infrastructure/service provision that would not have been necessary but for their development.

Along with CIL, Section106 planning obligations are the mechanism used to secure these measures.

Section 106 Agreements are used to cover some of the cost of community infrastructure works that are required to make a development acceptable in planning terms. However, once CIL is adopted and implemented, such agreements can no-longer be used to fund the same items on the Council's Regulation 123 List because these items are to be funded from CIL receipts (see link to CIL Regulation123 List below). Once CIL is implemented, Section 106 Agreements will largely be restricted to any site specific mitigation needed and affordable housing. Therefore, in recognition of the adoption of CIL, the Section 106 obligations that developers have to contribute are likely to be fewer in future.