Section 106 agreements (s106)

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4. What type of planning obligations can I expect?

These elements are typically included in section 106 agreements.

Obligations to us

See our supplementary planning document on planning obligations for more information. Note that most strategic infrastructure is now to be funded by community infrastructure levy (CIL); if it is on our "Regulation 123 list" of infrastructure for CIL funding, then it can no longer be funded through section 106 agreements.

The following is a non-exhaustive list of matters still covered by section 106:

Affordable housing

See our affordable housing supplementary planning document for information on our policy.

Parks and open spaces

The provision of site specific open spaces and play facilities is required by section 106 agreement in accordance with the public open space supplementary planning document. Note that this document also refers to certain types of sports facilities to serve a wider catchment, which should now be funded through CIL.

Student accommodation

Obligations are often secured to ensure occupation of student accommodation by students, to make provisions for continued site management and to prohibit residents of the development (other than the disabled badge holders) from keeping a motor vehicle within the site.

Obligations to Devon County Council

Highways

Highway requirements are determined on a case-by-case basis. S106 highway obligations are sometimes required for site-specific highway and junction improvements, and traffic orders, for example to control parking. Larger schemes are likely to be funded from CIL and other sources.

Public transport

Like highway contributions, transport obligations are negotiated and based on transport assessment and circumstances. Planning obligations are often agreed for the provision of local infrastructure such as bus stops.