What is a Planning Obligation?
A planning obligation is a legal agreement between the planning authority and the applicant/developer and any others that may have an interest in the land. An obligation either requires the developer to provide a financial contribution, physical infrastructure or a management plan in relation to their development proposals or restricts what can be done with land following the granting of planning permission.
Local and National Policy on Planning Obligations
The agreements are made under Section 106 of the Town and Country Planning Act 1990 (as amended), and enable development proposals to meet the needs of the community by securing contributions towards community infrastructure. Section 106 agreements are normally required under Policies C1 and C2 of the Basingstoke and Deane Borough Adopted Local Plan 1996-2011 (adopted July 2006). National Guidance on S106 planning obligations is given in a planning circular 05/2005 'Planning Obligations’. In addition, the Government's recent introduction of the Community Infrastructure Levy (CIL) Regulations 122 are also relevant in regard to S106 planning obligations.
Borough Guidance on planning obligations is provided through the Section 106 - Planning Obligations and Community Infrastructure Supplementary Planning Document and its associated appendices - which provides information on the legal and policy basis for negotiating planning obligations.
When are Planning Obligations sought?
The borough council has considered the cumulative impact of all new residential and non-residential development on community resources in the borough and contributions will be sought on planning applications for:
- a net increase of one dwelling or more (to include the conversion of an existing dwelling to flat(s))
- commercial developments of 100 sq metres of floorspace or more
- other non residential developments may also require a contribution to transport improvements
A legal, administration and monitoring charge will also be required for all Section 106 agreements.
S106 agreement - obligations/contributions can include:
- a financial contribution towards community facilities - such as open space, play areas or for the provision of on/off site community facilities.
- a contribution to education (Children’s Services Facilities.)
- restrictions on the development of an area of land, or permit only specified operations to be carried out on it, such as the protection of parks and open spaces.
- the transfer ownership of an area of open space to the council with a suitable fee to cover its future maintenance (commuted sum).
- the developer will plant a specified number of trees and maintain them for a number of years.
- the provision of Affordable Housing within the development.
- contributions towards the enhancement of our transport infrastructure - Basingstoke Environment Strategy for Transport.
- the provision of public art.
Types of Section 106 Agreements
Self Service Agreement
The council provides a self-service Section 106 agreement option for:
- Residential developments of between 1 to 9 dwellings
- Commercial developments in use classes B1, B2, B8 of 100sq metres to 999 sq metres only
The self-service agreements are not suitable for unregistered land, land held in trust, or for developments which require an affordable housing contribution. These type of agreements cannot be amended and the process does not allow for negotiation on the levels of contribution required.
Bilateral s106 agreements
Appropriate in the following instances of development:
- 10 or more dwellings or
- larger commercial proposals or
- for all other non-residential developments
If your proposal does not allow for the use of the self-service option, you can ask for the application to be scoped in order for a bespoke bilateral legal agreement to be formed between yourself and the council. It is advisable to formally submit information to the council in order for the proposed development to be scoped for contributions. The council offers a pre-application service where your proposals can be scoped for any contributions arising from your proposed development. This will identify the likely level of contributions that your proposal will need to make and will identify the terms of reference for any subsequent agreement. You should be aware that bespoke agreements will result in higher legal, administration and compliance charges.
Further Information
For further information concerning Section 106 agreements please contact John Guppy, Implementation Team Leader, on 01256 845462 or john.guppy@basingstoke.gov.uk.
Should you require confirmation of the discharge of a planning obligation, please contact Amanda Berringer (Proactive Compliance Technician) on 01256 845274 or amanda.berringer@basingstoke.gov.uk
Further, Best Practice Notes on Affordable Housing and Community Infrastructure, dated summer 2006, provides procedural information and model Section 106 agreements.
