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Section 106 Agreements
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 housing, and
- the rents or prices are affordable, and remain so in the future
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 property.
Please contact a member of the Affordable Housing Team for further information.