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Planning obligations - S106 agreements

A planning obligation under Section 106 of the Town and Country Planning Act 1990 (as amended), commonly known as a S106 agreement, is able to be used in making a development proposal acceptable in planning terms, that would not otherwise be acceptable. It can focus on site specific mitigation arising from the impact of development. A S106 agreement is often referred to as 'developer contribution' along with a highway contribution or it can relate to the Community Infrastructure Levy.

The common use of planning obligations in Hull is to make provision for off-site publicly accessible open space and children’s play provision or improvements. This is required through Policy NE6 of the Local Plan. Other forms can restrict development or require sums to be paid by addressing other impacts. There are strict rules governing what can be required to prevent accusations of planning permission being bought.

More detail in relation to planning obligation requirements is provided in the council’s Planning Obligations Protocol.

 


There are numerous regulations governing the application and use of s106 legal agreements. Infrastructure is recognised as being important in supporting development proposals, to an extent that Community Infrastructure Levy (CIL) can be used. Local authorities can choose to make a charge on development in their area, based on its size and whether the charge would not make it unviable. The money can be used to support development by funding infrastructure that the Council, local community and neighbourhoods want. More details about CIL including forms needing to be completed will be provided in due course but a Draft CIL Protocol has also been approved, in readiness for a charging schedule being endorsed.

 

PDF Icon CIL Protocol (size: 556.7 Kb)
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Annual updates about S106 expenditure

The Council is required to explain how funds from planning agreements have been used. Annual updates are provided to explain this based on funds being allocated to Area Committee’s and projects commissioned by them. Publically accessible open space and play space provision or improvements are therefore derived from local implemented planning approvals.




Pooling of S106 report

The CIL regulations have been amended that limit the pooling of S106 planning contributions. Since April 2015 no more than 5 planning obligations may be collected in respect of a specific infrastructure project or a type of infrastructure. This also includes projects involving S106 agreements dating back to April 2010.

More details about S106 pooling that has occurred are detailed in the attached report.

PDF Icon Pooled S106 (size: 118.6 Kb)
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