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Section 106 planning obligations

Suffolk Coastal Section 106

Waveney Section 106

Habitat mitigation

Section 106 or S106 Agreements (also known as Planning Obligations) are made by deed under Section 106 of the Town and Country Planning Act 1990 and are similar to covenants. They allow a local planning authority to enter into a legally-binding agreement with a landowner or developer to provide something or to restrict the use of a development. They relate to a person's land, binding whoever owns it and the obligation becomes a land charge.

S106 Agreements ensure that developers contribute towards the infrastructure that is required to make a development acceptable in planning terms. The obligations are subject to three tests set out in Regulation 122 and 123 of the Community Infrastructure Levy Regulations 2010 (as amended), which dictate that a planning obligation may only constitute a reason for granting planning permission for the development if the obligation is:

  • 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

S106 Planning Obligations are necessary to secure affordable housing, habitat mitigation and, where onsite and offsite infrastructure provision is needed, to make a development acceptable in planning terms.

If you know the development address or reference number, a Section 106 agreement can be viewed on our Public Access system

On 1 August 2013 in Waveney District and 13 July 2015 in Suffolk Coastal District, the Community Infrastructure Levy (CIL) was implemented, which has replaced the vast majority of financial contributions. Section 106 obligations are not required for infrastructure that is proposed to be funded through the Community Infrastructure Levy (CIL).

The Community Infrastructure Levy is payable on developments of new dwellings, residential extensions over 100m2, holiday lets, supermarkets, superstores and retail warehouses (in Waveney) and convenience retail (in Suffolk Coastal). Rates are based on the size, type and location of the development proposed.