Section 106 planning agreements


What is a section 106 agreement

A section 106 agreement is a private legal agreement made between the Council and a developer under Section 106 of the Town & Country Planning Act 1990 (as amended by Section 12(1) of the Planning and Compensation Act 1991).

The agreement is attached to the land itself and places an obligation on the owner(s) to fulfil the requirements of the agreement. Section 106 agreements usually relate to an aspect of the proposed development that cannot be secured by imposing a planning condition or by statutory controls.

Planning obligations are used for three purposes:

  • Prescribe the nature of development
  • Compensate for loss or damage created by a development
  • Mitigate a development’s impact

Planning obligations must be directly relevant to the proposed development.


How section 106 money is spent

Contributions received through S106 planning agreements are set aside for the delivery of a wide range of projects including:

  • schools and adult social care
  • increased public transport services
  • affordable housing
  • highway improvements
  • emergency services and health care facilities
  • open space and play provision, village hall improvements
  • waste recycling facilities

Many of these projects are set out in the Council's Infrastructure Development Programme (IDP) and others will be identified in Community Action Plans.


Relationship with the Community Infrastructure Levy (CIL)

The Council adopted the Peterborough City Council Developer Contributions Supplementary Planning Document (SPD) 2015 at a meeting of Cabinet on 7 April 2015. At the same time the Council formally revoked it Planning Obligations Implementation Scheme SPD 2010.

The Developer Contributions SPD sets out the Councils approach to the negotiation of planning obligations in association with the grant of planning permission. 

The table below indicates what infrastructure types could be provided / funded via S106 or planning condition and what types may be funded, in whole or part by the CIL in Peterborough. The table is intended as a guide only and should be read in conjunction with the more detailed policy guidance set out in the Developer Contributions SPD:

Infrastructure

CIL

S106 or planning condition

Transport

Strategic city-wide projects

Site-specific requirements

Education

Education facilities*

Education facilities directly related to sites of 500 or more dwellings

Affordable Housing

N/A

Affordable housing requirements

Lifetime homes

N/A

Lifetime homes requirements

Wheelchair homes

N/A

Wheelchair homes requirements

Emergency services

Emergency services*

Emergency Services requirements directly related to sites of 500 or more dwellings

Primary Health Care

Primary health care facilities*

Primary health care facilities directly related to sites of 500 or more dwellings

Crematorium / burial grounds

Crematorium / burial grounds requirements

N/A

Non-strategic outdoor open space

N/A

Non-strategic outdoor open space requirements

Strategic outdoor open space

Strategic outdoor open space requirements

N/A

Indoor sports facilities

Indoor sports and recreation facilities*

Indoor sports and recreation facilities directly related to sites of 500 or more dwellings

Community buildings

Community buildings requirements*

Community buildings requirements directly related to sites of 500 or more dwellings

Libraries, museum and lifelong learning

Libraries, museum and lifelong learning facilities*

Libraries, museum and lifelong learning facilities directly related to sites of 500 dwellings or more

Public realm

Public realm facilities

N/A

Environment Capital

N/A

Environment capital requirement

Flood risk management

Strategic / city wide flood risk management schemes

Site-specific flood risk management schemes

Waste management

Waste management requirements*

Waste management requirements directly related to sites of 500 or more dwellings

Other

Refer to council R123 List

Case by case basis

* excluding requirements directly related to sites of 500 dwellings or more


Sample section 106 documents

The examples below are completed planning obligation documents:

Please note that these are sample agreements, the fees referred to therein are indicative only and the applicant should contact us for actual costs in respect of their application