Section 106 Agreements

A section 106 agreement is a legal agreement between a developer and a local planning authority containing measures that the developer must take to reduce their impact on the community. A section 106 agreement is designed to make a development possible that would otherwise not be possible, by obtaining concessions and financial contributions from the developer. It forms a section of the Town and Country Planning Act 1990.

Section 106 agreements are drafted when it is considered that a development will have significant impacts on the local area that cannot be moderated by means of conditions attached to a planning decision. Section 106 agreements will vary depending on the nature of the development and based on local needs. The most common obligations include:

  • Affordable housing
  • Improvements to play areas
  • Improvements to public open spaces
  • Improvements to playing pitches and sports facilities
  • Flood mitigation

There are usually separate agreements with Gloucestershire County Council for education contributions and improvements to the highway network.

Copies of City Council Legal Agreements can be found on the City Council’s website via public access. If you have difficulty locating a copy of any legal agreements please email us and we will aim to provide you with copies within 10 working days. Please contact the departments below for copies of the following agreements.

City Council S106 Agreements

Gloucester City Council

s106@gloucester.gov.uk

County Council S106 Agreements

Gloucestershire County Council

community.infrastructure@gloucestershire.gov.uk

S38

Gloucestershire County Highways

 

highwaylegalagreements@gloucestershire.gov.uk

The planning obligations contained in section 106 agreements take effect as local land charges and are registered against individual properties within a development. This means that when buying or selling individual properties, your solicitor may require confirmation that all obligations have been have complied with, and confirmation that there are not any financial contributions that will be enforceable against the new owner occupiers or tenants of individual dwellings constructed pursuant to the planning permission.

If you want to know if a Gloucester City Council Section 106 agreement has been complied with, please email a completed form and confirmation of payment (£24.00, inclusive of VAT) to s106@gloucester.gov.uk. We will aim to provide you with written confirmation within 10 working days.

You solicitor may also request confirmation as to whether or not the property is affected by a Tree Preservation Order. Information on TPOs can be found here. You may also contact heretohelp@gloucester.gov.uk to request a information regarding a TPO. 

How to pay

Payments can be made at the following link 'Make a Payment'. When paying online please select ‘Local Land Charges’ and ‘LLC1 & CON29 Searches’

All fees must be settled before we dispatch the results

Note: Kingsway residential properties

There are no outstanding issues and the requirements under the Undertakings with the City Council, have so far been met, but will continue to apply until all construction on the whole development site is complete and beyond. However, none of the obligations within those Undertakings are enforceable against any individual owner or occupier of a residential unit, or their mortgagee.

Our annual reports show you how and where contributions have been spent in the last financial year and provides a summary of financial contributions that the Council has secured through Section 106 agreements from new developments. This feeds into our Infrastructure Funding Statement which is also published annually.

Our next report will be published April 2022

When developments are completed that include green areas, play parks, playing pitches, watercourses and public open spaces, there are two ways in which the land will be maintained going forward:

  • The developer will continue ownership of the land and employ a management company to look after the land, to the Local Authorities satisfaction or,
  • The Local Authority will adopt the land and receive a financial contribution for the purposes of maintaining the land.

There is a set process for adopting green areas and a guide to likely maintenance fees to direct developers on what the Local Authority might expect before adopting additional land. In most cases a Section 106 agreement is likely to be required to agree the details before adoption of the land.

Some of the recent projects that have been funded by Section 106 contributions can be found here (Link to Gloucester City Councils Facebook Page):

Drainage and Path Improvements at Clearwater Drive (January 2022)

Inclusive play area at Milton Avenue (January 2022)

Replacement play equipment at Gloucester Park (December 2021)

Renovation of Gloucester Park aviary (December 2021)

New entrance gates at Tuffley Park (December 2021)

Refurbishment of the Lanett changing rooms (November 2021)

Resurfacing of Tennis Courts at Plock Court (October 2021)

Pitch Improvement Grant at Gala Wilton FC (August 2021)

Pitch Improvement Grant at Hucclecote RFC (August 2021)

Pitch Improvement Grant at Gloucester Cricket Club (August 2021)

New floodlighting at Quedgeley Wanderers FC (July 2021)

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