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Section 106 Agreements

S106 Agreements are made under the planning acts to ensure new developments provide the required services, infrastructure and amenities to serve new and existing communities.

They are known as planning agreements or planning obligations. They are legally binding, connected to a planning permission and made between the council and developers/landowners.

What can they cover?

Normally an agreement can:

  • Restrict the development or the use of land
  • Require on site facilities - e.g. affordable housing; a new play area
  • Require off site facilities - e.g. improvements to the local highway network such as junction improvements, or off site landscaping
  • Require payments - e.g. towards the provision of sports, leisure and open space facilities by some one else or extra school places

The S106 Agreements - What They Can Cover page provides further information on the range of contributions that may apply.

Which type of agreement isbest for you?

  • Unilateral Undertakings are presented to the council by the applicant setting out what he/she is prepared to do or contribute if planning permission is granted. These are best suited for straightforward issues such as the sport and open space contributions required for small housing developments.
  • Bilateral Agreements are negotiated by the council, the applicant and anybody else with an interest in the land. The process can be lengthy and will involve lawyers on both sides. They are most appropriate for large developments and complicated issues.

Legal tests

The council can only seek these sorts of items if they are:

  • Necessary to make the development acceptable in planning terms
  • Directly related to the development
  • Fairly and reasonably related in scale and kind to the development

How are contributions spent?

The council takes great care to make sure that the money collected from agreements is spent appropriately. How it is spent is set out in our annual report on how we use the money for the benefit of the community.

Contact us

More information is available on our contact us page.

Email

planninghelp@ashford.gov.uk

Telephone

01233 331111

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