Section 106 agreements and unilateral undertakings

If you are proposing a housing development with a net gain of 10 or more residential dwellings, we expect you to contribute to the provision or improvement of open space. This is in line with our Local Plan, Open Space Supplementary Planning Document and Potential Open Space Improvements Plan.

New residential developments in much of our district, (our zone of influence) are likely to have a direct effect on designated parts of the Essex coastline. To mitigate this impact a financial contribution may be required. To find out whether your development would be in Zone of Influence, along with what the payment would be and how to pay it can be found on our Habitat Regulations Assessment (HRA) section.

Entering into a Section 106 Agreement

We cannot determine your planning application until a S106 Agreement has been completed. If you cannot achieve this within the 8 or 13 week life of the planning application, we will not grant you planning permission.

If you are advised that a Section 106 Agreement is necessary in connection with your planning application you will need to supply details of your solicitor and a copy of the Land Registry Register(s) and Title Plan(s) for the whole site.  Applicants are expected to pay the Councils reasonable legal fees incurred in the S106 Agreement and a Monitoring Fee which is calculated based on the number of trigger points in the S106 Agreement.

Calculate the amount you have to pay

You only have to pay the contribution if we grant planning permission, and you implement the permission.

If you are only required to make a financial contribution towards the provision of open space, you can work out how much you have to pay: