Planning obligations (S106 Agreements made under S106 of the Town and Country Planning Act 1990), are legally binding agreements entered into between a Local Authority and a developer.
They provide the mechanism by which measures are secured to make the impact of development acceptable. This can be through:
- financial contributions
- activities or restrictions relating to the use of land and buildings.
The use of planning obligations is a useful tool through which the Council can make development acceptable in planning terms that would otherwise be refused.
S106 agreements have been scaled back following the introduction of CIL legislation which will run in parallel, more information about this is explained in the policies section below.
View Section 106 agreements and submitting an enquiry
Step 1: View and find applications and documents
- All S106 Agreements are available online stored with the Planning Decision Notice by the application number. These number(s) are in the following format e.g. 16/01234/FUL or B/TP/73/01234. Download our PDF for more guidance. Do not use any other reference or date as you will not find the documents online. You must provide the number(s) in order to make a request.
- If planning numbers have not been identified please go back to the Search Company who provided the information or refer to 'How to Guide' 15.
- If you already have the planning application number(s) and wish to view and downloaded Decision Notices and S106 agreements from 1948 to date please refer to 'How to Guide' 1 or for Former County Council Decisions and S106 agreements ,guidance is provided on this page.
- Local.LandCharges@bedford.gov.uk can provide a search (subject to a fee)
Step 2: requesting a S106 enquiry
Planning obligations (Section 106) compliance check
The fee is £98 incl VAT and can be paid when completing the form. You must provide the application number as explained in STEP 1.
Discharge and vary S106 agreements
- Under section 106 BA (affordable housing) or A(3) when the discharge or variation is over 5 years from the S106 being signed and the decision issued on the associated planning application, a formal application process is required and you can apply online at www.bedford.gov.uk/planningforms. This application, once valid, will be available online.
- Under Section 106 A(1) when the developer wishes to amend the S106 by discharge or variation within 5 years of the S106 being signed and the decision issued on the associated planning application, a formal application is not required, however, the application number, proposal, name and postal address must be supplied to the Local Planning Authority at firstname.lastname@example.org. The record of this submission will be published online after the decision.
- Please quote on your request or application form the relevant code for the submission e.g. under S106 BA or S106 A(1) or S106 A(3)
Planning obligations (S106) policies and CIL
The Planning Obligations Supplementary Planning Document (SPD) sets out the Council’s policy for securing planning obligations from new developments that require planning permission and how this has been changed by the Community Infrastructure Levy (CIL). Planning obligations will still be used to secure affordable housing and to mitigate site specific impacts. The SPD was adopted on 17 July 2013 following consultation and amendment.
The Planning Obligations SPD is a material consideration, having weight when considering planning applications for new development.
For more information on CIL please refer to: www.bedford.gov.uk/CIL.
- Planning Obligations Supplementary Planning Document
- Draft template for a S106 agreement
- Adoption Statement
In the event of questions or queries regarding the planning obligation policy or the Planning Obligation SPD please email email@example.com.
S106 Annual Report
The following reports contains details of all S106 contributions receive and spent: