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.

Before the introduction of the Community Infrastructure Levy on the 1st September 2016, we charged developers a contribution and/or secured provision of open space or facilities depending on the size and number of dwellings being built. This money is then used to develop facilities to support the additional residents living in the community.

The topic we are looking at on these pages is funding for open space, sports and play facilities secured through these S.106 agreements. Other infrastructure and facilities secured via S.106 agreements, such as highway improvements and affordable housing are administered by East Devon District Council alongside other partners such as Devon County for highway works and East Devon’s Housing Department and Registered Housing Providers for affordable housing.

Following the introduction of the Community Infrastructure Levy, with the exception of development at Cranbrook, we can no longer secure open space, sports provision or play space outside of the development site through a S.106 Agreement. We can continue to secure open space, sports and play facilities on the development site but any off-site open space, sports or play facilities would be funded via the collection of a financial contribution from relevant development towards provision of these facilities across the district under the Community Infrastructure Levy

The remainder of these pages will detail how money collected through S.106 Agreements can be used and spent in partnership with town and parish councils.