Section 106 of the Town and Country Planning Act 1990 helps to balance development with sustainability in the UK. Known as S106 agreements or planning obligations, these legal agreements ensure that new developments mitigate the impacts a proposed site may have. Section 106 agreements are also part of the National Planning Policy Framework in the UK.

What are Section 106 agreements?

Section 106 (s106) agreements, also known as planning obligations, are legally binding agreements between local authorities and developers, tied to a specific planning application. These agreements are linked to the land itself. This means that they automatically transfer to any new owners if the property changes hands.

Their purpose is to offset the additional strain created by new developments by contributing improvements to the surrounding area. This ensures that the development benefits the local community so that local planning authorities can class the development as ‘acceptable’ in planning terms. Section 106 agreements are used when the negative impacts of a development cannot be fully addressed through the conditions attached to the planning permission alone.

S106 agreements are different to a Community Infrastructure Levy (CIL), as they are site-specific compared to the standardised charge of Community Infrastructure Levy Regulations.

What do Section 106 agreements cover?

Section 106 agreements can cover a wide range of issues, including:

Affordable housing contributions:

Developers may be required to provide a provision of affordable housing within their projects. They may also have to contribute funds to build affordable homes elsewhere in the area.

Infrastructure contributions:

These agreements often require developers to make financial contributions towards local infrastructure. This may include roads, schools, and healthcare facilities, which might see increased demand due to the new development.

Environmental and ecological protection:

In terms of ecology, S106 agreements can involve measures to protect local wildlife and ensure sustainable land use. Developers may be required to create green spaces, restore habitats, or contribute to long-term conservation efforts.

Community and public services:

Contributions may also be directed toward public services, such as parks, libraries, and recreational facilities, which support the wellbeing of the local community.

Why are Section 106 agreements important for ecology?

When development occurs near ecologically sensitive areas, S106 agreements can impose conditions to protect these habitats. Developers may be required to create buffer zones, relocate species, or avoid construction during critical times to minimise disruption. This often includes nesting or breeding seasons.

If a development results in habitat loss that cannot be avoided, Section 106 agreements can require developers to compensate for this. This is often done by creating or restoring habitats elsewhere. This concept, often referred to as “biodiversity offsetting,” ensures that any ecological damage caused by development is balanced by ecological gains in another area.

How can Collington Winter assist?

At Collington Winter, our team of ecologists have helped numerous clients with s106 agreements and development plans. We can help to ensure that developers meet the requirements needed to obtain planning permission from local planning authorities.

Our team can also pass on your case to a solicitor to assist with the legal aspects of s106 agreements to ensure that you receive the right support.

Feel free to contact us using the details below if you would like to find out more about Section 106 agreements and how we can help.