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The Current S106 Requirements from Developments & Supporting Evidence

Section 106 Agreements

Unilateral Undertakings

Section 106 Agreements

Unilateral Undertakings

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

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

Monitoring Notices

Often planning obligations will become due as soon as the development commences. However, there are also a number of both financial and non-financial obligations that are triggered by other development stages.

To ensure that all S106 obligations are complied with, the developers should follow these steps:

An officer will contact you with details of the correct amounts calculated and detail the various submissions you are due to make prior to commencement.

  • Please refer to the Section 106 for details of the obligations due at which trigger points. All submissions can be made to S106@ashford.gov.uk

Important: All payments are subject to indexation to adjust for inflation in between when the planning permission is granted and when the development commences. The specific calculation for this can be found within the legal agreement.

Please note, any late payments will be subject to interest as is defined in the specific legal agreement. In order to avoid penalty, please ensure you email S106@ashford.gov.uk at least 14 days prior to commencement.