Section 106s

Section 106 agreements under section 106 (S106) of the Town and Country Planning Act 1990 are legally binding documents agreed between local planning authorities and persons with an interest in the land. S106 agreements contain planning obligations to secure works or funding to make a development acceptable in planning terms, that would not otherwise be acceptable.

These are known as S106 contributions. Since the introduction of the Community Infrastructure Levy, S106 contributions only deal with site-specific matters such as affordable housing provision, open space and play space.

S106 agreements are a land charge meaning the liability for obligations (unless breached by a previous owner) run with the land and transfers to any new landowner.

Monitoring fees

There is a need to resource the monitoring and reporting of S106 planning obligations.

Please note that this includes unilateral undertakings and any deeds of modification where additional obligations requiring monitoring are included. Payment of the monitoring fee will be made on completion of the S106.

Any clause in a s106 legal agreement for the monitoring of Biodiversity Net Gain (BNG) is excluded from the above. This will instead require payment of a bespoke fee to be agreed to cover the costs of regular monitoring of the approved BNG measures over a period of 30 years.  Payment of the BNG 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 should not 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

An 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: £205.85

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

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

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.

Developer contributions database

We have a S106 and Community Infrastructure Levy (CIL) developer contributions database. You can view data in relation to your parish, ward or district area and find out:

• how much CIL and S106 income may be due
• how much has been received
• funds that have been allocated to infrastructure projects
• funds that have been allocated to parish and town councils for spending