Section 106 Agreements
Last updated: 29/01/2014
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Guidance and template for Section 106 Agreements
For all planning applications that involve affordable housing,
applicants will be required to complete a Section 106 Agreement.
The purpose of this Agreement is to ensure that the affordable
housing is of a high quality and that:
- the homes go to local people most in need of affordable
- the rents or prices are affordable, and remain so in the
Any proposals for affordable housing will need to take account
of the advice in the Council's Supplementary Planning Documents for
Affordable Housing. We strongly recommend that discussions are held
with the Affordable Housing Team at the Council before any planning
applications are submitted as you will be required to submit draft
Heads of Terms (this is not in the form of a legal
document) as part of the application process. They can advise
you about the options available, and can also give informal advice
about your affordable housing proposals.
The Section 106 template which is ‘read only’ is an indication
of the Deed that will be prepared by the Council’s Solicitor to
cover affordable housing. There will be other contributions
required, such as education, open space, highways and clauses to
cover these will be inserted as appropriate.
If you are not absolutely sure about how the s106 agreement will
affect you, or what the different clauses mean, you should consider
seeking the advice of your own solicitor in advance of receiving a
draft from the Council.
Please note: The Council's solicitor or Legal
Service cannot provide you with legal advice about s106 agreements,
you will need to seek your own independent legal advice. This
will be essential if you have a mortgage on your
Please contact a member of the Affordable Housing Team
for further information.