Shortcut to this page: www.birmingham.gov.uk/s106
A Planning Obligation or Section 106 agreement is a legal agreement sometimes attached to a planning application. It usually either requires the developer to do something, or restricts what can be done with land following planning permission being granted.
It is often used to offset any negative impact caused by development, or to provide local improvements. It is called a Section 106 agreement after Section 106 of the Town and Country Planning Act 1990.
Agreements can be used to provide many obligations, including:
- Infrastructure (e.g. traffic calming measures, road improvements)
- Enhancement of the local environment (e.g. public realm improvements)
- Mitigate impact of development (e.g. replacement of local wildlife habitats)
- Provide facilities / services (e.g. community / educational facilities)
- To meet other planning policies, such as affordable housing
- Other obligations related to development (e.g. local employment initiatives)
Some works may be provided off-site if they cannot be achieved on the development site itself.
We take into account a number of factors when deciding on the need for any planning obligations. These include:
- the result of any consultations
- any relevant planning policy
- other requirements to ensure the proposed development can be implemented in the approved manner.
Planning obligations are legal 'charges' on land and are held on the Local Land Charges Register, so if you are buying property or land, your solicitor will be able to advise you of any relevant obligations.
The regulations governing S106 agreements. The new regulations can be viewed here.Information about our CIL can be found here.
Last Updated : 29th October 2012