East Devon District Council

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Guide Guide for town and parish councils

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1. What is a section 106 agreement?

Section 106 of the Town and Country Planning Act 1990 allows a local planning authority, like us, to enter into a legally-binding agreement or planning obligation with a landowner as part of the granting of planning permission. The obligation is termed a section 106 agreement.

These agreements are a way of delivering or addressing matters that are necessary to make a development acceptable in planning terms. They can be used to support the provision of services and infrastructure, such as highways, recreational facilities, education, health and affordable housing.

 We charge developers a contribution depending on the size and number of dwellings being built. This money is used to develop facilities to support the additional residents living in the community. The topic we are looking at in this leaflet is funding for sports and play facilities.