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 Core Strategy and Open Space Supplementary Planning Document

You will need to make a contribution if your proposals is over 1,000 sqaure metres and is for class B1, B2 or B8 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.

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:

  • £192.18 multiplied by the net increase in floor space, divided by the floorspace per employee

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