Developer Contributions
Section 106 Agreements
Planning obligations, also known as Section 106 agreements, are legal agreements we make with developers. These agreements cover measures, or obligations, to mitigate any negative effects of the development on the local area. Without these agreements, the developments would be unacceptable in planning terms.
These obligations cover the provision of essential services, such as affordable housing and infrastructure, such as transport infrastructure and green spaces directly related to the new development.
Developers should be aware that, depending on the nature, scale and location of their development, we make seek planning obligations through the Section 106 mechanism, in addition to the payment of CIL.
Section 106 monitoring fees
The council charges a fee for the monitoring of Section 106 agreements. A fee of 1% of the total financial contributions will be charged. Where there are no financial contributions, there is a fixed fee of £300 per contribution. These charges will be written into all Section 106 agreements.
The fee is capped at £10,000 per legal agreement and is payable on commencement of development.
Section 106 Supplementary Planning Guidance
In October 2016, the Council adopted a Revised Planning Obligations Supplementary Planning Document (SPD). This SPD identifies the planning obligations that will be sought by the Council for development that generates a need for new infrastructure.
While it is not part of the statutory development plan, this SPD will be a material consideration in determining planning applications.
Revised Wiltshire Planning Obligations SPD (October 2016) (PDF, 907 KB)(opens new window)