Planning Section 106 Agreements

If a planning development is considered to be generally acceptable but may have some adverse impacts we may try to offset those impacts by requiring the developer to carry out works or activities or provide facilities, either on or off site, or to fund the provision of these things.

In addition to mitigating the impacts of a development these works/activities may also provide some benefit to the local community, and could include affordable housing; community meeting; sports and leisure facilities; highways and street works; the requirement for local procurement of goods and services and employment and training. These benefits help us to achieve the aims of our planning policies in the Core Strategy.

This is done by entering into a legal agreement with the Council or alternative by providing an undertaking. These are commonly known as a Section 106 Agreements or Undertakings. The negotiation of individual agreements or undertakings will be carried out by the relevant development control teams. You can find an explanation of the nature and type of planning obligations we may require in the Planning Obligations SPD [PDF] (file size 551Kb).

The Planning Obligations SPD was adopted in August 2010, and has since been applied to all major developments. From July 2011, it will be applied to all relevant developments as publicised in the Local List. For all residential developments involving the net gain of one or more units, contributions towards education and health will be required, while further obligations are triggered in all other major cases. The full requirements can be found in the Planning Obligations SPD [PDF] (file size 551Kb).

 

Planning Obligation Statement - How to Comply with the Planning Obligations SPD

In order to comply with the SPD, applications that will require a Section 106 agreement will need to be accompanied with a Planning Obligations Statement. These are required for:

  • All residential developments with a net increase of residential units; and
  • All other major development applications, including residential.

All applications within this scope must therefore be accompanied with names and addresses of all those with an interest in the land to be bound by the planning obligations which are to be substantially in the form provided for in the Council’s template (for the avoidance of doubt those with an interest in the land includes the freeholder, leaseholder and any mortgagee) and written confirmation from all of the above that they will enter the s106 agreement or undertaking.

A calculator including a Planning Obligations Statement template and the calculator guide is available for downloading below. Calculator guidance notes are also available for downloading. The statement should be signed, dated, and should accompany the application in order for the application to be registered as valid by the Council. It contains guidance notes. Should you need further information about this please contact Claire Shearing in the Planning Policy Team on 0207 361 2186 or Claire.Shearing@rbkc.gov.uk.

Model agreements using standard clauses are available to download below.

Section 106 Unilateral Undertaking Permit Free & Contributions 30 April 2013

Section 106 Agreement Permit Free & Contributions 30 April 2013

We have a dedicated officer in the Planning Policy team who monitors the implementation of Section 106 agreements and undertakings, and maintains a record of them. Electronic copies of Section 106 agreements and undertakings can be found by searching for the relevant address on the S106 list.

Section 106 agreements and undertakings  will only be displayed once they have been completed. If you cannot find the Section 106 agreements or undertaking you are looking for and want more information please contact the planning policy team.

Related links

If you have any questions or queries about planning obligations, please contact the Policy Team by e-mail at planningpolicy@rbkc.gov.uk.

*Planning obligations – may be entered into by way of an agreement or by way of a binding undertaking under section 106 of the Town and Country Planning Act 1990. Planning obligations may restrict the use or development of land, require operations or activities to be carried out in, on, under or over the land, require the land to be used in any specified way or require payments to be made to the Council as local planning authority . Planning obligations must be necessary to make the development acceptable in planning terms, directly related to the development and fairly related in scale and kind to the development.

*Section 106 agreement or undertaking – the mechanism by which planning obligations are secured and made binding on the land to which they relate.

The Council has several S106 Agreements, which can be downloaded on the Section 106 Documents page.

Page updated on 27 June 2013.