Section 106 agreements

Section 106 agreements are also known as Planning Obligations and are required for some planning applications under Section 106 of the Town and Country Planning Act 1990 (amended by Section 12 of the Planning and Compensation Act 1991).

A S106 is a legally binding agreement between the Council, the developer and any other parties with an interest in the site to be developed. This may include Somerset County Council, the landowner and the developer. The Agreement is to regulate the future development of the land, compensate the local community for any impact caused by a development, for example if open space is lost, and help shape the new development (for example, to make sure a certain number of houses are affordable homes).

Many of these agreements include the payment of financial contributions but planning obligations may also be non-financial, such as the provision of land for public open space, affordable housing or the creation of environmental monitoring schemes.

S106 agreements are not standardised. The Council works with the developer to reach an agreement which is tailor-made for each development during the initial stages of the planning application process.

Taunton Deane Borough Council collect the S106 payments due to us and Somerset County Council does the same for payments due to them as negotiated in the agreement.

S106 financial contributions relate directly to the development with which they are associated, and can only be spent as specified in the S106 agreement agreed by all relevant parties

S106 Agreements are monitored making sure payments are made and spent within the timescales specified by the S106 agreement.

To ascertain whether a S106 Agreement has been complied with you can email a request to planning.admin@tauntondeane.gov.uk. You will need to provide the planning application number of the development and the date the S106 Agreement was signed. There is a fee of £97.00 payable per Agreement for this service. This payment can be made by cheque payable to Taunton Deane Borough Council or by making a card payment over the telephone on 01823 356459. This is a 21 day service from receipt of all necessary information and payment. You will receive a written response advising whether or not the S106 Agreement has been complied with.

A person bound by a S106 Agreement can make an application to remove it or modify it. There is a specific application form to make this request. This completed application form must be submitted together with a map identifying the land to which the Agreement relates and any other information that the applicant considers relevant to the determination of the application. There is no fee for this application. The applicant must also give notice of the application to any other person against whom, on the day 21 days before the date of the application, the planning obligation is enforceable and whose name and address is known to the applicant. If the names and addresses of such persons are not known, the applicant shall publish notice of the application in a local newspaper circulating in the locality of the land to which the application relates.