Section 106 agreements
What is a Section 106 Agreement?
A 'Section 106' agreement is a legal agreement through which a developer makes a contribution towards infrastructure and local services and facilities to offset the impact of new development. The contribution can be financial, although in some cases a developer may agree to provide a particular facility or element of infrastructure according to the Council's need.
What do they cover?
The Planning Obligations will vary in according to what sort of development is proposed. Some of the most common uses of Section 106 agreements include:-
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Providing new or improving existing Public Open Space
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Providing on site provision of Public Open Space
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Making contributions towards providing affordable housing
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Making contributions towards local schools
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Highways Works
How do they work?
A member of the Development Management Team (who deal with planning applications at the Council) will draw up a draft Section 106 agreement according to the type of development that is proposed. This is then signed off by a senior officer before also being verified by the Council's legal department. The agreement is then sent to the applicant and their solicitor for review and signing once the terms have been agreed. The Section 106 agreement must be signed before planning permission is granted.
Where can I find out further information?
For further informatation on Section 106 agreements, please speak to a member of the Development Management team on: or the Case Officer dealing with your particular planning application. The Council has also produced a 'Contributions advice note' which is available to download on the right hand-side of this page.
Where can I find a draft of a Section 106 legal agreement?
You may also find a copy of the draft Section 106 agreement Wokingham Borough Council uses at the right hand-side of this page.
