Planning obligations (Section 106 agreements)

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.

In accordance with Regulation 122(2) of the Community Infrastructure Regulations 2010, obligations must be:

a) necessary to make the development acceptable in planning terms;

b) directly related to the development; and

c) fairly and reasonably related in scale and kind to the development.

The principal policies informing when the council will require Section 106 contributions are policies CN1 (Affordable Housing) and CN6 (Infrastructure) of the Basingstoke and Deane Local Plan 2011-2029. Further guidance is also provided by the Planning Obligations for Infrastructure SPD (2018).

The Fees and Charges Schedule (below) provides details of the financial contributions and commuted sums that we will require.