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Planning

Planning

Planning Obligations Section 106 Agreement

Planning obligations are used as part of the planning application process to address specific planning issues and impacts arising from development proposals. This process is used to make development proposals acceptable in planning terms, that would not otherwise be acceptable. For example, when a housing development is granted, the developer may agree to provide green space or a park so that it can be enjoyed by the local neighbourhood.

The obligations are normally agreed between the district council, landowners and developers in a legal agreement called a Section 106 (S106) agreement. For some larger agreements the County Council would also be included.

For more information about what planning obligations are due from different types of development please refer to the Developer Contribution SPD [PDF, 2MB].    

Who needs a S106 agreement?

During the planning application process a case officer will guide you through the process of securing a S106 agreement if it is required.

Generally, if you are applying for planning permission for a development which falls into either of the two site categories below, you will need to sign a legal agreement either a Section 106 or a Unilateral Undertaking.

For small sites it will be a Unliteral Undertaking 

New planning permissions which create additional housing units (normally less than 10 units) will require a legal agreement to secure the small sites Wheeled Bins Contribution and potentially an Affordable Housing contribution amongst others.

For major developments it will be a Section 106 agreement

If your planning permission will create either over 1000 sq. meters of commercial or mixed-use space or will create over 10 residential units of housing, then you will normally have a Section 106 agreement. For more information on what obligations are required refer to the details and formulas provided in the Developer Contribution SPD [PDF, 2MB]

You can search for S106 agreements by using Public Access

How to use planning application search tool:

  1. Enter the planning application number or the address at the time of application

  2. Once you have located the relevant permission, click on it and go to the “Documents and Plans” tab, this will then give you a link “View Associated Documents” and take you to the document’s pages. Here there could be multiple pages of documents showing their document type, date and description.

If you need copies of S106 agreements dated between 1975 and 2002 you can request this by emailing Land.Charges@Huntingdonshire.gov.uk . You will need to the reference number or the address to complete your request.

Often planning obligations will become due as soon as the development commences. However, there are also several financial and non-financial obligations that are triggered by other development stages. To ensure that all S106 obligations are complied with, the developers should follow these steps:

  • Email S106@Huntingdonshire.gov.uk to inform Huntingdonshire District Council that you will be implementing a planning permission with a S106 agreement and your date of intended commencement. Please attach the commencement notice (if applicable). A member of the implementation team will contact you to confirm details of amounts calculated and detail the various submissions you are due to make prior to commencement prior to issuing an invoice.

  • Refer to the Section 106 for details on what submissions and payments are due at which trigger points. All submissions can be made to S106@Huntingdonshire.gov.uk.

  • Make a payment within one month from the demand notice and invoice being issued.

  • Upon approval of submissions and receipt of payment(s) discharge notices and acknowledgment of payment notices will be sent. Please keep this as a record.

Important: Payments can be subject to indexation to adjust for inflation changes between when the planning permission is granted and when the development commences. The specific details, if applicable, for this can be found within the legal agreement.

S106 agreements are monitored by the Implementation Team at Huntingdonshire District Council. You can contact them by emailing S106@Huntingdonshire.gov.uk.

As part of the purchase and selling of property solicitors may do a land charges search, this may reveal that there is a legal agreement associated with a particular site. It is common for buyer’s solicitors to require a confirmation that the property is not subject to any outstanding S106 financial and non-financial obligations. Requests for compliance notice should be sent directly to S106@Huntingdonshire.gov.uk and should include the following details:

  • Land Charges search result

  • planning application number

  • deed signed date

  • all relevant physical addresses related to the deed.

There is a charge for undertaking the research work - it is £67 per hour or part hour thereof plus VAT per agreement. Officers will endeavour to respond to your request within three weeks (on receipt of payment), however, response times may be extended in extremely busy times or if the request is for exceptionally large development(s).

Each year the council is required to produce their annual Infrastructure Funding Statement.

The Infrastructure Funding Statement (IFS) provides information on the financial and non-financial contributions, sought and received from developers for the provision of infrastructure to support developments in Huntingdonshire, and the subsequent use of those contributions by Huntingdonshire District Council (HDC).  The report covers the most recent financial year.

Huntingdonshire seeks developer contributions through the Community Infrastructure Levy (CIL) and Section 106 agreements (also known as planning obligations).