Section 106 agreements
Planning obligations, also known as Section 106 (S106) agreements, are legal agreements we make with developers. These agreements cover measures to mitigate any negative effects of the development on the local area. The agreements are a way of addressing issues to make a development acceptable in planning terms.
S106 obligations cover the provision of essential services, such as affordable housing and infrastructure, including highways, recreational facilities, education and health infrastructure.
Landowners can enter into S106 agreements either:
- individually by a person with an interest in the land (a unilateral undertaking)
- or by agreement with the council as local planning authority
Using S106 planning obligations
Planning obligations may be used for a wide range of purposes, such as:
- restricting the use of the land or the way in which a development is to be carried out
- requiring specific operations or activities to be carried out
- requiring the land to be used in a specific way
- requiring a sum or sums of money to be paid to the local planning authority for a specified purpose
- necessary to make the development acceptable in planning terms;
- directly related to the development; and
- fairly and reasonably related in scale and kind to the development
Planning obligations in the form of S106 agreements should only be used where it is not possible to address any unacceptable impacts of a planning application proposal through a planning condition.
S106 planning obligations in Cheltenham
In Cheltenham, planning obligations are used for a wide variety of purposes, including financial contributions or works to:
- provide safe access to a site, to safely accommodate local increases in traffic due to the development, and to discourage additional traffic from using unsuitable local roads
- encourage travellers to and from a development to change to a more sustainable means of transport, including park and ride
- secure improved accessibility to and from a site by all forms of transport, including public transport, cycling and walking
- secure adequate flood defence and mitigation
- secure an element of affordable or special needs housing
- provide or enhance play space which cannot be accommodated on-site
- provide or enhance education facilities at nursery, primary and secondary levels
- provide or enhance community facilities
- provide or enhance public safety and security
- provide skills analysis and training provision
- secure facilities or measures to offset the loss of or impact on any resource, such as woodland or open space
- provide or enhance areas of public realm, including tree planting
- secure public art