Section 106 agreements and unilateral undertakings

S106 agreements for housing developments

If you are proposing a housing development with a net gain of 11 or more residential units, we expect you to contribute to the provision or improvement of open space. This is in line with our Core Strategy and Open Space Supplementary Planning Document.

Housing development includes proposals for the change of use of:

  • existing buildings
  • nursing homes and sheltered accommodation
  • agricultural workers dwellings
  • self-catering holiday accommodation that is capable of normal residential use

You will not need to make a contribution if your proposal is for:

  • one for one replacement dwellings
  • extensions
  • self-contained annexes
  • conversion of outbuildings in the countryside

However, these may be subject to a planning obligation or condition restricting them to ancillary use. You can find more information on our page on residential annexes. 

The rate of contribution depends on the number of bedrooms in each unit.

We will only grant planning permission for new residential units if we secure a contribution.

Request a Section 106 agreement

We cannot determine your planning application until we have received a completed S106 agreement. If you cannot achieve this in 8 or 13 week life of the planning application, we will not grant you planning permission.

To request a Section 106 agreement you need to download, complete and return the application form

You can read our guidance notes on how to complete the form and the information you have to supply.

Once you have completed the form, you need to send it to our Development Management team.

Along with your request for an S106 agreement form, you also need to send:

  • an Ordnance Survey based site plan at scale 1:1250 or 1:2500 showing the site edged with a red line
  • Land Registry Register(s) and Title Plan(s) for the whole site. You can buy copies from the Land Registry.
  • £120 non-refundable legal fee. We will not refund this fee if we refuse your planning application. You may have to pay additional fees depending on the complexity of the Section 106 agreement

You should read our information on setting up a S106 agreement before you make your request.

Calculate the amount you have to pay

You only have to make a contribution if we grant planning permission.

Where you only have to make a financial contribution, not the provision of open space or maintenance fees, you can work out how much you have to pay:

Number of bedrooms per dwelling

1 bedroom

2 bedrooms

3 bedrooms

4 or more bedrooms

Conribution per dwelling

£1,150.47

£1,681.44

£2,300.92

£2,654.91

 

If you are transferring open space land to a public body as part of the development, you will need to pay maintenance fees when the transfer is complete.

If your application does not need any other type of contribution, you can secure your Open Space Contribution through a Unilateral Undertaking.

You will need a full S106 Agreement if your application has other plannng obligations such as:

  • provision for education
  • affordable housing
  • cycleways
  • highway or art contributions

You will need to pay our legal fees and a £400 monitoring fee when your S106 agreement is in place.

Section 106 and Unilateral Undertakings

Address: Causeway House
Bocking End
Braintree
Essex
CM7 9HB

Telephone: 01376 552525