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Section 106 agreements


Planning applications that involve affordable housing, will have to complete a Section 106 Agreement. The purpose of this agreement is to ensure that the affordable housing is of a high quality and that:

  • the homes go to local people most in need of affordable housing, and
  • the rents or prices are affordable, and remain so in the future

Any proposals for affordable housing will need to take into account the advice in the Council's Planning Policy Guidance. We recommend that you contact the Affordable Housing Team before any planning applications are submitted. You will be required to submit draft Heads of Terms as part of the application process. This is not in the form of a legal document. The team can advise you about the options available and provide informal advice about your affordable housing proposals.

Section 106 agreement template

The Section 106 agreement template sets out the Deed that will be prepared by the Council’s Solicitor to cover affordable housing. Other contributions may be required, such as education, open space, highways and clauses to cover these. They will be inserted as appropriate. You will find a Section 106 Checklist setting out the information you will need to  provide us for the Section 106 agreement for your scheme. 

Legal advice

You should consider seeking the advice from your own solicitor if

  • you are not sure how the s106 agreement will affect you
  • or what the different clauses mean

You should do this in advance of receiving a draft from the Council. 

Please note: The Council's solicitor or Legal Service cannot provide you with legal advice about s106 agreements. You will need to seek your own independent legal advice. This will be essential if you have a mortgage on your property. 

You can contact a member of the Affordable Housing Team using the details on this page for further information. 

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