New development can bring benefits to local communities. However, there are often impacts on the local area as a result of development, for example more people using local facilities such as parks, roads and leisure centres. These impacts can be addressed through ‘planning obligations’, which are commitments, made by the developer and formalised by a legal agreement under the Town and Country Planning Act 1990. The legal agreement is known as a ‘Section 106 agreement’ and forms part of a planning approval. The planning obligations may be to undertake works, to make financial or in-kind contributions or to provide affordable housing.
Section 106s run alongside the Community Infrastructure Levy (CIL)
Planning Obligations Supplementary Planning Document (SPD)
The Planning Obligations SPD was adopted in August 2010 and explains the Council's current approach to planning obligations in this borough and the types of planning obligations that may be sought. For example, developments involving the net gain of one or more units would usually be expected to make contributions towards education, health and community facilities. Other obligations may be sought for larger cases and those cases with special circumstances. The full requirements can be found in the document:
Planning Obligations SPD [PDF]
It should be noted that the Council’s CIL Regulation 123 List came into effect on 6 April 2015 which impacts on what can and cannot be sought through Section 106 agreements, which affects how the SPD works.
The Council is preparing a replacement Draft Planning Contributions SPD. More details can be found on the Planning Policy Consultations webpage.
Planning Obligation Statement - How to Comply with the SPD
In order to comply with the SPD, applications that will require a Section 106 agreement will need to be accompanied with a Planning Obligations Statement. These are required for:
- All residential developments with a net increase of residential units; and
- All other major development applications, including residential.
All applications within this scope should therefore be accompanied with names and addresses of all those with an interest in the land to be bound by the planning obligations and written confirmation from all of the above that they will enter the s106 agreement or undertaking.
A calculator including a Planning Obligations Statement template and the calculator guide is available for download below. The statement should be signed, dated, and should accompany the application. Should you need further information about this please contact the Planning Policy Team on 0207 361 3012 or PlanningPolicy@rbkc.gov.uk .
[Excel spreadsheet - you will need Microsoft Excel to open this document]
It should be noted that the Council’s CIL Regulation 123 List came into effect on 6 April 2015 which impacts on what can and cannot be sought through Section 106 agreements, which affects how the SPD works. A revised draft Planning Obligations SPD will be consulted on in 2015.
A model agreement using standard clauses is available to download below:
Finding Existing Section 106 Agreements
Copies of Section 106 agreements and undertakings are publically available and can be found among the documents for the planning permission which the agreement is associated with. These can be found using the Planning Search tool.
Section 106 agreements and undertakings will only be displayed once they have been completed. If you cannot find the Section 106 agreements or undertaking you are looking for and want more information please contact the Planning Policy team.
Please note you may be required to pay fees in accordance with the Council's Schedule of Charges (available here) to obtain certain information about Section 106 agreements, for example, printing costs and confirmation of compliance with Section 106 clauses.
Planning Policy Planning & Borough Development Town Hall, Hornton Street, W8 7NX Tel: 020 7361 3012 Email: CIL@rbkc.gov.uk
Content updated on November 2015.