Section 106 - Process

Section 106 Process and Examples of Benefits

When will the council ask for a Section106 agreement?

All planning applications that come in are assessed on a case by case basis. If it is considered that the proposed development will have negative impacts on the surrounding areas, the process for drawing up a Section 106 (S106) agreement starts.

Where possible, the need for an S106 agreement will be raised with the developer during pre-application discussions.

The Council’s Supplementary Planning Guidance (SPG) on Community Benefits specifies the normal situations and threshold limits for planning obligations. See more on the Advice on Planning Obligations page, by clicking the link in the main navigation list on the left side of this page.

Currently, benefits are normally sought on new development:

• of more than 10 residential units

• where there is an increase of over 500sqm in B1 office space

• or in any situation where conditions in the planning permission are insufficient in controlling the impacts of a development

What is the process for S106 agreements?

The case officer assesses the application in order to establish whether or not obligations are required. If an S106 agreement is required, the council will negotiate the Heads of Terms, which are the key principles of the agreement. The Heads of Terms are agreed during the application process, prior to them being incorporated in the committee report to the relevant area planning sub-committee.

The area committee may approve an application subject to the completion of an S106 agreement. Where this is the case, the council and the developer agree the final wording of the S106 agreement based upon the Heads of Terms. Once this S106 agreement is signed and completed the planning permission can be issued.

See a copy of our Standard Legal Agreement for Section 106 by clicking on the link at the bottom of this page.

Through the planning process, members of the public, internal departments and other statutory bodies are consulted as to the likely impacts of an application. This provides an opportunity to highlight a particular pressure or problem that might be anticipated from a development. Officers can then judge if an S106 agreement, condition or other measure is required to mitigate this.

What type of benefits can the council ask for?

Planning obligations can deliver some real benefits to the community. To comply with the Government guidance on S106 agreements, called Circular 05-05, they must: relate to the proposed development; be fair and reasonable; relevant to planning and necessary in planning terms.

Examples of benefits that have been agreed and delivered include:

• improvements to and creation of open spaces

• affordable housing

• improvements to communal areas in housing estates

• training and employment opportunities

• highways, pedestrian and cycle facility improvements

• improvements to schools

• Code of Construction Conduct

• measures to encourage sustainability instruments such as green roofs.

Newsletter

The council also produces a newsletter that contains articles and features on recent developments in the borough and the related benefits that have been delivered as a result of these. This includes for example environmental improvements in Bingfield Park and Newington Green as well as other benefits such as improved services of local nurseries and primary school, for example upgrading play facilities Kate Greenaway nursery.

You can read the latest issue by clicking on the link below.