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Section 106 planning obligations

Coronavirus update - Section 106

View details of how normal regulations may be affected

Deferred delivery of planning obligations

During the COVID-19 period, the Government is encouraging local authorities to consider allowing developers to defer delivery of planning obligations, such as financial contributions.

Deferral periods could be time-limited, or linked to the government’s wider legislative approach and the lifting of CIL easements. Deeds of variation can be used to agree these changes. We are taking a pragmatic and proportionate approach to the enforcement of section 106 planning obligations during this period.

In line with this guidance, we will consider requests on a case by case basis, and where appropriate, will work to assist you through the submission of D6A and M6A applications.

 

Planning obligations, also known as Section 106 agreements, are legal agreements we make with developers. These agreements cover measures, or obligations, to mitigate any negative effects of the development on the local area. Without these agreements, the developments would be unacceptable in planning terms.

These obligations cover the provision of essential services, such as affordable housing and infrastructure, such as transport infrastructure and green spaces directly related to the new development.

Developers should be aware that, depending on the nature, scale and location of their development, we make seek planning obligations through the Section 106 mechanism, in addition to the payment of CIL.

The documents below give information on the provision of affordable housing as part of your development, and the other types of obligations and costs you may need to meet. For any major development, you will also need to submit a Draft Head of Terms (see below) with your planning application.

Planning Obligations (Supplementary Planning Document)

Draft Head of Terms