Planning obligations: Section 106 Agreements
Section 106 Agreements, sometimes called S106 or planning obligations, are agreements to make local improvements that developers can enter into to make a development acceptable.
They’re designed to help make sure that new developments enhance local communities and reduce the impact of developments by:
- Easing the impact of a new development on the local community, e.g. providing adequate public open space, improving infrastructure like bus stops
- Compensating for any impact caused by a development - for example if public open space is lost
- Ensuring that a certain proportion of houses on the development are provided as affordable housing.
If we think a proposed development needs an S106, we will not grant planning permission until one is agreed. Here's our standard Section 106 Agreement template.
High profile recent examples include Astwood Bank Park, our award-winning Roadway Arts project under which we have improved bus shelters across the borough, and significant improvements to footpaths and underpasses throughout the town.
S106s are negotiated between us and/or Worcestershire County Council and the developer (occasionally involving other parties) and become legally binding agreements between us and the developers/landowners under Section 106 of the Town and Country Planning Act 1990 (as amended).
They are binding on the land to which the planning permission relates. If the land is sold, the new owner becomes responsible for the S106. However if a development with an S106 doesn't go ahead, the S106 will not be implemented.
S106s should always:
- Be directly related to the area the proposed development would impact upon
- Be fair and reasonable in scale and kind to the proposed development
- Be reasonable in all aspects and make the proposed development acceptable in planning terms.