What are Section 106 agreements?
They are legal agreements between Local Authorities and developers which are linked to a planning permission. They are also referred to as planning gain, planning benefits, community benefits or planning obligations. Each agreement is associated with a particular development and as they are a legal charge on the land, they transfer automatically with any change in ownership.
When and what will the Council seek in a S.106 agreement?
These agreements are drawn up when it is considered that a development will have negative impacts on the local area that can't be mitigated by means of conditions attached to the planning permission. For example, a new residential development can place additional pressure on the social, physical and economic infrastructure which already exists in the surrounding area. Planning obligations aim to balance the extra pressure created by new development with improvements to the surrounding area to ensure that wherever possible a development makes a positive contribution to the local area and community.
Exemption for Small Sites under 10 units?
In line with a ministerial statement on small sites, the Council will not seek an affordable housing contribution (on site or financial sum in lieu) or other general tariffs on housing proposals under 10 units and where the gross floorspace of the dwellings is under 1000 sq m. This follows a government challenge in the High Court and is an update on the previous position before May 2016.
What type of planning obligations can the Council ask for?
Planning obligations can deliver real benefits to the community living around the development site. However, the use of planning obligations is strictly governed by the basic premise that planning permission may not be bought or sold. Central Government guidance on planning obligations agreed through Section.106 of the Town and Country Planning Act 1990 is given in the National Planning Policy Framework, articles 203 to 206, which states that planning obligations should only be sought where they meet all of the following tests:
Areas which could attract potential obligations include:
Planning Obligations arising from the Council's Local Plan
Mendip District Council's Local Plan sets out the Council's policies and proposals for development and the use of land in its area. The Local Plan also sets out why and when planning obligations may be required in order to ensure that a development proposal is in accordance with the Local Plan. Local Plan policies that may give rise to planning obligations include:
Local Plan Policy
DP11 & DP19
DP16 & DP19
DP9 & DP19
General Planning Obligations Policy
Legal and Monitoring Fees
Mendip District Council's Planning Service is committed to providing a high quality and efficient service to applicants seeking planning permission, and also to the local community affected by any such permission. The Council therefore charges a Legal Fee for the preparation, checking and production of S106 Agreements and Undertakings, and a Monitoring Fee for the each obligation contained therein. These fees are included in the S.106 Agreement or Undertaking and become payable in the period after granting of the planning permission and prior to the formal completion of the Agreement or Undertaking.
For further information please email the Section 106 Monitoring Officer at firstname.lastname@example.org
Section 106 Funds Available For Spend (28/03/2017) S106 Contributions 28.03.17 [212kb]
Section 106 Corporate Protocol Corporate Section 106 Protocol [298kb]