Template S106 Legal Obligations
The Council has produced template S106 legal agreements and clauses. These agreements are the way in which planning benefits can be legally secured for the benefit of future residents and the wider community. Agreements need to meet certain tests which are set down by Government.
Regulation 122 of the Community Infrastructure Regulations 2010 says that a planning obligation may only constitute a reason for granting planning permission for the development if the obligation is:
a) necessary to make the development acceptable in planning terms,
b) directly related to the development;
c) fairly and reasonably related in scale and kind to the development.
These are the Council's standard clauses. It is advisable to stick to the standard template as any deviation will likely result in delays to the process. These templates should be used in discussions with the Council and a draft obligation submitted to accompany a planning application.