Section 106 Agreements

A Section 106 is a legal agreement between an applicant seeking planning permission and the local planning authority (Stratford-on-Avon District Council), which is used to mitigate the impact of the development on the local community and infrastructure. These are linked to planning permissions and can also be known as planning obligations.

As such, Section 106 agreements often require financial contributions, made prior to the project starting or in accordance with triggers as the development progresses. Unlike the Community Infrastructure Levy, which is tariff-based, Section 106 is charged based on the specific needs of the local community.

Copies of Section 106 Agreements

For planning applications received since 2013, a copy of a Section 106 agreement should be available via our E-Planning facility. You can locate the agreement by entering the main related planning permission reference number into the application search field, selecting ‘Associated Documents', and choosing the document type titled ‘Decision'.

Agreements not available via E-Planning can be supplied for a small fee by emailing landcharges@stratford-dc.gov.uk.

What Section 106 Agreements Cover

When a planning application is submitted to the council, we will assess the application to consider whether the development would cause a significant impact to the area and community. The S106 will vary depending on the nature of the development and based on the needs of the district.

The most common obligations include:

• public open space
• affordable housing (see model affordable housing clauses for S106 agreements)
• education
• highways
• town centre improvements

Monitoring

The land owner, developer or applicant should notify CILandS106@stratford-dc.gov.uk when they are about to commence works or reach a trigger within the agreement, so that we can then calculate the contribution fee required. If you require confirmation that Section 106 obligations have been complied with, please email CILandS106@stratford-dc.gov.uk.

Approving, Varying or Discharging Obligations

Applications to approve, vary or discharge Section 106 obligations can be made by submitting the required forms on our Planning Application Forms page.