Planning obligations and Section 106 agreements

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.

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 CN1 and CN6 of the Basingstoke and Deane Local Plan 2011-2029. National Guidance on S106 planning obligations is set out in the Community Infrastructure Levy (CIL) Regulations 122 and the National Planning Policy Framework (NPPF) and the Planning Practice Guidance (PPG).

When are planning obligations sought?

The borough council has considered the growing impact of all new residential and non-residential development on community resources in the borough and contributions will be sought on planning applications for:

  • Residential development
  • commercial developments of 100 sqm 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, sport and recreation facilities, play areas or for the provision of on/off site community buildings.
  • 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 of 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.

Borough Guidance on planning obligations is provided through the Section 106 - Planning Obligations and Community Infrastructure Planning Document and its associated appendices - which provides information on the legal and policy basis for negotiating planning obligations and can be downloaded below. This was adopted in July 2005 and updated in April 2015. The fees and charges set out in appendices A and B have been updated in April 2017 to reflect the council's annual fees and charges for the review. The Section 106 fees and charges for the year 2017-2018 are available to download below and replace those set out in the main guidance document. Up to date costs for transport and education contributions should be sought from Hampshire County Council.

Community Infrastructure Levy (CIL)

The Community Infrastructure Levy is a levy that local authorities can choose to charge on new development in their area, with the funds raised being used to fund a wide range of infrastructure. Basingstoke and Deane Borough Council is proposing to introduce CIL and more information can be found by visiting our webpage on Community Infrastructure Levy.

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