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Section 106 agreements and unilateral undertakings

Section 106 agreements and unilateral undertakings

Open space contributions - housing development

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Housing developments resulting in a net gain of 11 or more residential units will be expected to contribute to the provision or improvement of open space in accordance with the Council's Core Strategy and Open Space Supplementary Planning Document. This includes proposals for the change of use of existing buildings, nursing homes and sheltered accommodation, agricultural workers dwellings and self-catering holiday accommodation that is capable of normal residential use.

One for one replacement dwellings, extensions, self-contained annexes and conversion of outbuildings in the countryside (subject to a planning obligation or condition restricting them to ancillary use - see Residential Annexes) will be exempt.

The rate of contribution is dependent on the number of bedrooms per unit. Planning permission will only be granted for new residential units if a contribution is secured.

Calculate the amount payable

Where only a financial contribution is required (and not the provision of open space or maintenance fees) the amount payable can be calculated from the following table: 

No of bedrooms per dwelling 1 bedroom 2 bedrooms 3 bedrooms 4+ bedrooms
Contribution per dwelling


£1,657.09 £2,267.62 £2,616.46

(Figures effective 1st April 2019 - note figures are revised annual on 1st April)

If open space land is to be transferred to a public body as part of the development maintenance fees will be payable on transfer.

For applications which require no other types of contribution, the Open Space Contribution can be secured through a Unilateral Undertaking.  If there are other planning obligations, such as provision for education, affordable housing, cycleways, highway or art contributions, a full S.106 Agreement will normally be required.

To request an Undertaking for this purpose please complete the S.106 Request Form and view the accompanying Guidance Notes.  Legal fees and monitoring fees will be payable to the District Council.