Section 106 agreements and unilateral undertakings

S106 agreements for commercial developments

If you are proposing a commercial development, we expect you to contribute towards casual or informal open space and outdoor sports provision. This is in line with our Local Plan and Open Space Supplementary Planning Document

You will need to make a contribution if your proposals is over 1,000 square metres and is for class B2, B8 or E(g) use.

We base the amount of provision or financial obligation on

  • the amount of gross floor space and
  • an assumed employment density for each type of building use

We will only grant planning permission for new commercial developments if we secure a contribution.

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:

  • £251.55 multiplied by the net increase in floor space, divided by the floorspace per employee. Full details of how the contribution is calculated can be found in the Open Spaces Supplementary Planning Document.

Section 106 and Unilateral Undertakings

Address: Causeway House
Bocking End
Braintree
Essex
CM7 9HB

Telephone: 01376 552525