What is an S106?

Extracted from Gov.uk

Planning obligations S106

What are planning obligations?

‘Planning obligations are legal obligations entered into to mitigate the impacts of a development proposal.

This can be via a planning agreement entered into under section 106 of the Town and Country Planning Act 1990 by a person with an interest in the land and the local planning authority; or via a unilateral undertaking entered into by a person with an interest in the land without the local planning authority.

Planning obligations run with the land, are legally binding and enforceable. A unilateral undertaking cannot bind the local planning authority because they are not party to it.

Planning obligations are also commonly referred to as ‘section 106’.

 Extra S106 information

       A District Council decide if a proposed planning application will have any additional impact on a Parish . A District Council calculates how much the developer must pay in S106 contributions. Some or all of the S106 contributions will be divided in to sections, for example, Community Buildings, Outdoor Sports. The District Council will ask a Parish Council to contact any organisations or groups that qualify in a named group, to ask if they have a need of money now or within ten years to improve or develop their organisation This does not imply any support from a Parish Council for the development, but if the Parish Council does not return this information at the set date, the District Council will allocate the money themselves to organisations within their District. So organisations within the Parish could miss out. The S106 contributions is only paid from the Developer to the  CDC if the planning application is successful and maybe paid in stages as the development progresses.