What are s106 planning obligations?
Planning Obligations (also known as Section 106 agreements of the Town and Country Planning Act 1990) are agreements made between Local Planning Authorities and developers; or undertakings offered unilaterally by a developer that are attached to a planning permission, intended to make acceptable development which would otherwise be unacceptable in planning terms.
Planning obligations can be used to prescribe the nature of a development (e.g. by requiring that a given proportion of housing is affordable); or to secure a contribution from a developer to compensate for loss or damage created by a development (e.g. loss of open space); or to mitigate a development’s impact (e.g. through increased public transport provision). The outcome of all three uses of planning obligations should be that the proposed development is made to accord with published local, regional or national planning policies.
Community Infrastructure Levy regulation 122 places into law for the first time the Government’s policy tests on the use of planning obligations. It is unlawful for a planning obligation to be taken into account when determining a planning application for a development, or any part of a development, that is capable of being charged CIL, if the obligation does not meet all of the following tests:
(a) necessary to make the development acceptable in planning terms;
(b) directly related to the development; and
(c) fairly and reasonably related in scale and kind to the development.
Planning Obligations Supplementary Planning Document (SPD)
The council has a produced a Supplementary Planning Document (SPD) which sets out in principle what kinds of application will require planning obligations and in broad terms how monies will be spent on projects related to the proposed development. The guidance all sets out how planning obligations and financial contributions will be calculated in specific areas. These include:
Affordable Housing
Education
Employment Training
Community Facilities
Health Facilities
Open space and play provision
Public Realm and Environmental Improvements
Transport
The S106 agreement will either require the developer to undertake obligations works or make payments to the council for the obligations to be carried out. All financial contributions received must be spent in accordance with the terms of the S106 agreement.
The Planning Obligations Supplementary Planning Document (SPD) is available on this page under documents for download.
An example of how a Section 106 works
A developer constructing 30 new flats will be required to pay Section 106 planning obligations for infrastructure to support the new residents living in the development.
We will seek to secure a number of planning obligations which include:
payments towards new school places
additional health facilities
improvements to the streetscape
improvements to the open space; and
public transport improvements.
Get involved in Section 106 planning obligations
Members of the public have the opportunity to make representations to the planning authority for each planning application.
Representations often include suggestions by members of the public for projects which may mitigate the impact of a new development on an area. Residents or businesses living and working adjacent to a development site will receive a letter from us at the start of the planning application process detailing who they can contact if they wish to make representations.
We have set up a community project bank across the borough. Why not submit ideas to the project bank and in return they will be used to negotiate with developers.
Please note: that Section 106 agreements work within very tight legal requirements and must comply with the Community Infrastructure Levy Regulation 122.
For further information, visit the communities and local government website , available on this page under external links.
Contact us
Environment Department
Planning Policy
Civic Centre
Hounslow
TW3 4DN
Email: ldf@hounslow.gov.uk