Section 106 agreements

We are currently receiving a high number of planning applications which is resulting in delays to our usual response times. We are determining applications and responding to enquiries in the order they are received. We will respond as soon as possible.

South Derbyshire District Council uses Section 106 agreements (under the Town and Country Planning Act 1990 as amended) as a mechanism to make a development proposal acceptable in planning  terms, that would not otherwise be acceptable. They are site specific, and focus on mitigation of the impact of development.

The common uses of planning obligations are to secure affordable housing and to secure financial contributions to provide infrastructure. A Section 106 obligation can also:

  • Restrict the development or use of the land in any specified way
  • Require specified operations or activities to be carried out in, on , under or over the land
  • Require the land to be used in any specified way; or
  • Require a sum or sums to be paid to the authority on a specified date or dates periodically

For further information on the obligations that may be written into a Section 106 Agreement, please refer to the Guidance ‘Section 106 Agreements – A Guide for Developers’ which can be found here.

Please refer to the Frequently Asked Questions that can be found here (pdf, 243kb) for guidance regarding the Section 106 process

Specific Section 106 Agreements can be found on our website by searching for the Planning Application Reference they refer to here.

For enquiries about Section 106 Agreements, either as a developer or if you believe you are a beneficiary of Section 106 funds, please contact s106@southderbyshire.gov.uk or 01283 595820

South Derbyshire District Council does not currently have a Community Infrastructure Levy (CIL) in place.