1. What is s106 and why is it needed?
Planning obligations are often referred to as section 106 (s106) agreements.
They are a key mechanism in the planning system. They make development acceptable which would otherwise be unacceptable in planning terms by addressing development impacts. They often provide financial contributions, or the direct provision, of affordable housing, infrastructure and community facilities. They usually apply to larger development proposals – they are unlikely to be required for householder applications.
Planning obligations are agreements entered into between us and developers, usually in conjunction with the granting of planning permission. Planning obligations apply to land, binding it and whoever owns it. They are made using powers under section 106 of the Town and Country Planning Act 1990, which is why they are also called "section 106 agreements".
When we decide to grant planning permission, we will decide whether a planning obligation is necessary. Where the planning committee makes the decision, brief details of the proposed obligation will be included in the report. The agreement containing the planning obligation will then need to be completed before planning permission is issued.
Once completed, a s106 Agreement is automatically registrable as local land charges within the public registers maintained by local authorities. It will bind successors in title to the landowners who enter into the obligations, without there being a need for any additional deeds of covenant or other steps taken.