S.106 Planning Agreement: What it is and its Importance in the Planning Process

In the UK, a Section 106 (s.106) planning agreement is a legally binding agreement between a local authority and a developer. It is used to mitigate the impact of new developments by requiring developers to contribute to the local infrastructure and community.

S.106 agreements are often used for major developments, such as new housing estates or commercial developments. They are also used for smaller developments, such as change of use of a building or for new infrastructure projects, such as new roads.

The purpose of s.106 agreements is to ensure that developers pay their fair share towards the infrastructure and services that are necessary to support their development. These contributions can take many forms, including financial payments, provision of affordable housing, or contributions towards community facilities, such as schools, parks or healthcare facilities.

S.106 agreements are negotiated between the developer and the local planning authority. The terms of the agreement are included in the planning permission granted for the development. This means that any breach of the terms of the agreement can result in the planning permission being revoked, or the developer being required to pay a financial penalty.

The importance of s.106 agreements in the planning process cannot be overstated. They are a vital tool for ensuring that new developments are sustainable, and that they do not have a negative impact on the communities in which they are built.

S.106 agreements ensure that developers contribute towards the provision of affordable housing, which is a key priority for local authorities. This means that new developments are required to include a percentage of affordable housing, ensuring that there is a mix of housing types and tenures in new developments. This helps to create diverse, vibrant communities that are sustainable in the long term.

S.106 agreements also help to ensure that new developments have the necessary infrastructure and services to support them. This includes contributions towards new roads, public transport, healthcare facilities, schools and community facilities. By requiring developers to contribute towards these services, local authorities can ensure that new developments do not place an undue burden on existing infrastructure, and that new communities are sustainable in the long term.

In conclusion, s.106 planning agreements are a vital tool in the planning process. They ensure that new developments are sustainable, and that they do not have a negative impact on the communities in which they are built. By requiring developers to contribute towards the provision of affordable housing, and towards the necessary infrastructure and services, local authorities can ensure that new developments are of a high quality and meet the needs of the local community.