East Suffolk Council
Section 106 planning obligations (S106)
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 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.
s106 advice
All s106 enquiries should be directed through our CIL and s106 advice service, including questions on compliance of a s106 agreement. Enquiries are dealt with via this online, paid-for service.
Reporting on s106
The CIL Regulations require councils that receive s106 contributions and Community Infrastructure Levy (CIL) from developers to report on these funds annually via an Infrastructure Funding Statement (IFS).
First Homes
The Government’s policy on First Homes came into force on 28 June 2021. The council has published a Position Statement.
Affordable Housing Commuted Sum Payments
Policy WLP8.2 of the Waveney Local Plan and policy SCLP5.10 of the Suffolk Coastal Local Plan outlines the requirements for all residential developments with a capacity for ten or more units or sites of 0.5ha or more to make a provision for 1 in 3 units to be affordable.
In exceptional circumstances, where it is not feasible or practical to provide units on site, it may be agreed that a financial contribution (commuted payment) can be paid.