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. See our planning obligations progress reports for details on how we spend the money we receive through Section 106 agreements.
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.
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.
Part 1: Number of financial obligations x number of trigger points x £667
Part 2: Number of non-financial obligations x £667
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 you make a request to vary a Section 106 agreement a fixed fee of £1000 will be charged plus the cost of our legal services to draw up the necessary documents. If any invoices have already been raised these cannot be cancelled and the full invoice amount must be paid. If we request to modify or discharge a Section 106 obligation there is no charge.
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 £40 is payable per planning application.