Planning obligations (Section 106 agreements)

Section 106 agreements

Section 106 agreements are planning obligations we have made with developers to make a development acceptable which would otherwise be unacceptable in planning terms.

We may start negotiating these agreements before the developer submits a planning application and the delivery of an obligation may not happen straight away if the development is large and being development in various stages.

If a development is needed to support our planning policies, we may work with other organisations to decide what is needed for local facilities and the environment. Generally we will use Section 106 agreements to create new facilities or improving existing facilities, not towards running costs or salaries. All parties involved must understand their obligations so they know what is required of them and when.

Once a planning obligation is completed, we record it. 

Section 106 spending

In September 2019 the Government removed Section 123 of the CIL Regulations (as amended) 2010. This removed the requirement for local authority publication of a Regulation 123 list. At the same time the government introduced a new regulation (121A) requiring local authorities, to set out in new infrastructure funding statements which infrastructure they expect to fund through the Community Infrastructure Levy and planning obligations. Publication is required by 31 December 2020.

The principle behind this is that the infrastructure funding statement should set out future spending priorities on infrastructure and affordable housing in line with up-to-date or emerging plan policies. This should provide clarity and transparency for communities and developers on the infrastructure and affordable housing that is expected to be delivered.

We will still continue to publish planning obligation progress reports in the meantime. See our planning obligations progress reports for details on how we spend the money we receive through Section 106 agreements.

Modifying or discharging a signed Section 106 obligation

In exceptional circumstances you may make a request to modify or discharge an obligation. Your request will be considered and negotiated either through a Planning Performance Agreement between the applicant and the Council or by a bespoke fee agreed by all parties. Signatories and/or liable parties should note that if any invoices for payment have been raised, these cannot be cancelled and the full invoice amount plus any accrued or accruing indexation and interest, must be paid.

There will be no charge for a request to modify or discharge a Section 106 agreement if it comes from the Council.

To request, please complete the form at the link below and submit to planningconsents@plymouth.gov.uk

Download Request a modification or discharge a signed Section 106 obligation [PDF, 58KB]

Confirming compliance with a Section 106 agreement

Please email S106@plymouth.gov.uk or call our planning technical support team on 01752 304366. We will need your full property address details and any legal agreement reference number (usually starts with the prefix A165) or any related planning reference numbers (usually found in the planning permissions definition field within legal agreements). When we receive your enquiry and the details we need to trace any agreement we will advise of any charges and payment methods that may apply.

Fees

Planning obligations management fee

The planning obligations management fee is a standard charge relating to the administration, monitoring and management of a planning obligation. It is sought as part of the wider negotiation process on Section 106 agreements.

Standard rate

Part 1: Number of financial obligations x number of trigger points x £667

Part 2: Number of non-financial obligations x £667

Instalments 

First £1,000 to be paid on completion of the agreement. Payment should be made at signing. The remainder is normally due on commencement of works, however further trigger points may be agreed.

Request to modify or discharge a Section 106 obligation

If an applicant makes a request to vary a Section 106 agreement then this will be negotiated through a Planning Performance Agreement between the applicant and the Local Planning Authority or a bespoke fee agreed by all parties. (Please note if any invoices have already been raised these cannot be cancelled and the full invoice amount must be paid)

Request to confirm compliance with a Section 106 obligation

To check whether obligations have been complied with affecting a site or individual property, a fee of £42 is payable per planning application.

Download Strategic Planning and Infrastructure - Fees Policy 2019 [PDF, 303KB]