Section 106 Agreements and Unilateral Undertakings

What are Section 106 Agreements and Unilateral Undertakings?

Planning obligations are also referred to as 'Section 106 agreements' or 'S106'. They are made by deed under Section 106 of the Town and Country Planning Act 1990 and are similar to covenants.

They allow a local planning authority to enter into a legally-binding agreement with a landowner or developer to provide something or to restrict the use of a development. They relate to a person's land, binding whoever owns it, and the obligation becomes a land charge.

S106 Agreements ensure that developers contribute towards the infrastructure required to make a development acceptable in planning terms and, for example, includes the provision of wheelie bins for developments of five dwellings or more. 

Planning obligations such as education provision, library facilities, fire service provision, green infrastructure, and public rights of way are dealt with byNorfolk County Council.

A Unilateral Undertaking is a simplified version of a planning agreement, which is relatively quick and straightforward to complete, and is offered by the landowner and any other party with a legal interest in the development site. They can assist in ensuring that planning permissions are granted speedily, which benefits both applicants and the Council.  This will include theNorfolk Recreational impact Avoidance and Mitigation Strategy

The Infrastructure Funding Statement (IFS) & Developer Contribution Spreadsheets (CSV Files)

The Infrastructure Funding Statement (IFS) is an annual report. It provides a summary of all financial and non-financial developer contributions relating to Section 106 Legal Agreements and the following Developer Contribution Spreadsheets (CSV files). Further details, statements, and spreadsheets can be located on the following page:Infrastructure Funding Statement and Developer Contribution Spreadsheets.

Apply Online for Section 106 Project Funding

S106 Compliance

If you are seeking to determine if a s106 has been complied with, then the Local Planning Authority are unlikely to be able to provide this information.  Please note it is your responsibility to ensure compliance with legal agreements.  The only way the Council can confirm in writing that a development is lawful is through the submission of a Certificate of Lawfulness, for which there is a fee.  You can find out more on how to apply for a Lawful Development Certificate in our Planning Application Guide, or on the Planning Portal (opens new window)  

Copy requests for S106 Agreements and Deeds of Variation should be directed to our Land Charges Team. Please follow this link to theLand Charges Document Request Form.

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