S106

What are Section 106 (S106) agreements

S106 agreements are legally binding contracts between a developer and the council that help deal with the impacts of development. S106 agreements can be used to secure necessary improvements to infrastructure, the provision of affordable housing as well as controlling how land or buildings are used.

S106 agreements may require the developer to make direct provision, make a proportionate financial contribution to future provision which the council will then use, or a combination of both.

Modification of a S106 agreement

As S106 agreements are a legal contract, they can only be modified through a formal process, which involves an application and a fee.

Any alteration to a signed S106 agreement costs between £2,756.30 to £5,512.50 per application depending on complexity (including VAT).

The application fee does not include the council’s legal costs, which the applicant will be expected to cover.

This type of application cannot currently be made via the Planning Portal and will need to be submitted to Development.Control@Wokingham.gov.uk along with the following completed documents:

Discharging S106 obligations

To submit information to comply with obligations within your S106 agreement or request an invoice to pay a necessary financial contribution, please email Developer.Contributions@Wokingham.gov.uk with your request, including the planning application number to which your S106 agreement relates.

Please note this is not to be confused with discharging obligations under Section 106A of the Town and Country Planning Act 1990 which is a request to discharge the obligation due to it no longer serving a useful purpose.

Confirmation of discharge of S106 agreement obligations

Should you require any specific information about a S106 agreement or to confirm that obligations have been discharged, the council charges a reasonable fee.

This is calculated based on the administrative costs of staff time spent searching, collating, and sending the relevant information in response to a specific request.

The fee will be set at £119.10 per S106 agreement/planning application.

Payment can be made online.

Please forward your payment receipt to Developer.Contributions@Wokingham.gov.uk and include the planning application number or S106 agreement date your query relates to.

Contacts

Copies of Agreements

For copies of S106 or Section 278/38 agreements, please contact Landcharges@Wokingham.gov.uk

Discharge of Highways Agreements

For confirmation of discharge of Highways Agreements, please contact Highwaysagreements@Wokingham.gov.uk

Discharge of Planning Conditions

For confirmation of discharge of Planning Conditions, please contact Development.Control@Wokingham.gov.uk