Planning Obligations (Section 106)
What is a Planning Obligation?
Planning obligations formed under Section 106 of the Town and Country Planning Act 1990. Section 106 agreements are legally binding and attached to a piece of land. Once an agreement is signed, this is registered as a local land charge against that piece of land.
Planning obligations are used by the council to mitigate adverse impacts by securing contributions, services, amenities and infrastructure to facilitate a proposed development.
When is a S106 Agreement Required?
The requirements of a Section 106 obligation will vary according to the size, impact and nature of the proposed development. All planning applications are assessed on a case by case basis and not all developments will require obligations. When a planning application is submitted to the Council, an assessment will determine the level of impact of the proposed development.
The key principles for establishing S106 contributions are defined in the National Planning Policy Framework (NPPF) which states Planning Obligations should only be used where they meet all of the following tests:
- Necessary to make the proposed development acceptable in planning terms
- Directly related to the proposed development
- Fair and reasonable in scale and kind to the proposed development
Information on how planning obligations are calculated in Camden is set out in CPG 8 Planning Obligations (PDF).
Policy CS19, “Delivering and Monitoring the Core Strategy”, specifically requires the use of planning obligations, although other individual policies like affordable housing, sustainability and transport may also require a planning obligation.
The guidance is intended to provide general advice on how planning obligations operate. Large scale developments generally have more complex obligations attached, however obligations may also be applied to small scale developments to achieve measures such as car-free/car-capped housing or construction management plans to manage the impacts of construction.
Construction Management Plans
Please visit our dedicated Construction Management
Plans page for more information and guidance on CMPs in Camden.
Information for the Community
You can download the latest S106 newsletters below:
- S106/CIL Newsletter January 2017
- S106/CIL Newsletter October 2016 (PDF)
- S106/CIL Newsletter February 2016
- S106/CIL Newsletter November 2015 (PDF)
A list of section 106 agreements signed during April-June and July-September 2013
can be downloaded below:
- List of Agreements Signed April - June 2013 (PDF)
- List of Agreements Signed July - September 2013 (PDF)
All signed agreements relating to an address are available to view using Camden’s planning application search. Enter the planning application reference or address and click on the “View related documents” section under the related planning application.
Our aim is to be transparent in relation to S106 legal agreements. You can now
find details on S106 funds received on a quarterly basis. The documents below provide
details of S106 funds received since 2013. Information on the site, ward, the sums
received and the terms of spend can also be found within the documents:
- S106 Funds Received April-June 2013 (PDF)
- S106 Funds Received July-September 2013 (PDF)
- S106 Funds Received October
2013-September 2014 (PDF)
- S106 Funds Received October-December
- S106 Funds Received January-March
- S106 Funds Received April-June 2015
- S106 Funds Received July-September 2015
- S106 Funds Spent and Returned
July-September 2015 (PDF)
- S106 Receipts October-December
- S106 Funds Received January- March 2016 (PDF)
- S106 Funds Received April-June 2016 (PDF)
- S106 Funds Received July-September 2016 (PDF)
The CIL and Section 106 annual report is published every year and summarises annual income and expenditure for the last financial year, along with proposed future spending of Section 106 funds:
For any comments or queries, please contact the Planning Obligations