Section 106

Section 106 agreements make a development proposal acceptable, in planning terms, when it wouldn't be otherwise. They are focused on mitigating impact of development. They are part of the Town and Country Planning Act 1990. 

The agreements are sometimes known as developer contributions. They are often used to secure affordable housing by agreeing the type and timing of this housing, and secure financial contributions for infrastructure. 

A section 106 agreement can also: 

• restrict the development or use of the land in any specified way
• require certain operations or activities to be carried out in, on, under or over the land
• require a sum or sums to be paid to us on a specified date or periodically. 

Once agreed a section 106 is enforceable by law. 

Planning obligations

Planning obligations are legal obligations entered into to mitigate the impacts of a development proposal.  This can be via a planning agreement entered into under section 106 of the Town and Country Planning Act 1990 by a person with an interest in the land and the local planning authority; or via a unilateral undertaking entered into by a person with an interest in the land without the local planning authority.

Planning obligations run with the land, are legally binding and enforceable. A unilateral undertaking cannot bind the local planning authority because they are not party to it. Planning obligations are also commonly referred to as ‘section 106’, ‘s106’, as well as ‘developer contributions’ when considered alongside highways contributions and the Community Infrastructure Levy. 

The National Planning Policy Framework requires all local planning authorities and certain other organisations to publish their developer contributions data on a regular basis and in an agreed .csv format. These are available in the related documents section of this web page.

All planning obligation agreements can be found on the planning register under the application reference number. Applications can be searched on the Find a Planning Application page. Clarification of payments of agreed sums can be found on the payment spreadsheet in the related documents section of this web page.

View section 106 agreements

You can view available section 106 agreements online. If you are interested in an older section 106 or can't see the information you need contact us. 

Annual infrastructure funding statement

This document (in the related documents section) provides a summary of financial contributions the council has secured through Section 106 agreements from new developments for off-site infrastructure works, affordable housing, and highway works completed as part of new developments.

It sets out the 2021/22 (1 April 2021 – 31 March 2022) income and expenditure relating to Section 106 (S106) agreements.

In summary, the report provides:

• an overview of Section 106 (S106) obligations
• how S106 obligations relate to the Ashfield Local Plan Review 2002 and Infrastructure Delivery Plan
• S106 process for offsite financial contributions
• governance structure for infrastructure delivery
• S106 Contributions Received in Previous Years
• S106 Agreements signed in 2021/22
• S106 Contributions Received in 2021/22
• S106 Contributions allocated but not spent in 2021/22
• S106 Contributions spent in 2021/22
• planned expenditure for future years.

The information included in the report will be updated annually and published here on the council’s website. This will ensure the most up to date information at time of publication on the amount of developer contributions received by the council from new developments, in addition to information on where these monies have been spent is readily available to members of the public and other interested parties.

However committed works for future years may be subject to change due to prevailing economic conditions, new legislation and revised corporate priorities.

Ways to contact us about section 106 agreements

If you have a question about a section 106 you can contact us by: 

• telephone: 01623 457313. 

Clarifications on existing section 106 agreements and any outstanding liability and sums is a paid for service and will take 10 working days to complete. You can pay through our online system by debit or credit card. 

Pay for a Section 106