Section 106s


Monitoring fees

There is a need to resource the monitoring and reporting of section 106 (s106) planning obligations. These are the fees:

Proposed development First obligation Subsequent obligations
Non-residential development £1,020 £510
Residential development of less than 40 units £1,020 £510
Residential development of 40 units or more £1,530 £765

Please note that this includes unilateral undertakings and any deeds of modification where additional obligations requiring monitoring are included.

It is the expectation that the payment of the monitoring fee will be made on completion of the s106

Specimen draft s106 agreement

Working with Mid Kent Legal Services we've created a draft s106 agreement. It shouldn't be used as a template - it should give you an idea about the type of comments you might want to make, when drafting the agreement for your site.

Research request

A research request on a s106 obligation can be made on our research request page.

Change or discharge a planning obligation

You can apply to change or discharge a planning obligation that is over five years old by downloading and completing our application form. For guidance on completing your application visit the planning guidance website.

Less than five years ago

A planning obligation signed less than five years ago can only be modified or discharged by mutual agreement.

A charge will be levied for the provision of informal advice on whether the suggested change or discharge is likely to be agreed. The anticipated response time will be 15 working days.

Written advice on request to modify a planning obligation: £179

A formal request for a deed of modification to a planning obligation signed less than five years ago will also incur a charge. These fees are in addition to the legal fees that will be incurred.

First clause £357
Each additional clause £128

Please email us submitting all necessary supporting information including:

  • name and address of applicant (and agent where applicable)
  • name and contact details of the applicant’s solicitor
  • reference number of the planning application
  • date of legal agreement and clauses to be altered.
  • modification required and full justification

Affordable housing and s106's

You can find out more information for developers on local affordable housing providers on our housing for businesses pages.

S106 pro forma

Infrastructure providers will need to make a formal written request to draw down payments due to them from a relevant s106. Download our section 106 pro forma form.