S106 Agreements, Unilateral Undertakings, CIL

S106 Agreements

Section 106 (S106) Agreements are legal agreements between Local Authorities and developers; also known as planning obligations.

Section 106 agreements are drafted to mitigate the impact of development proposals; restrictions on the use of the land or the operation of the development or to make contributions towards the local infrastructure and facilities.

New development can add pressure on the social, physical and economic infrastructure. The planning obligation helps to improve the area, and where possible make contributions to support the development impact on the local infrastructure.

The legal agreement usually covers the following areas

  • Affordable Housing
  • Education
  • Highways
  • Public Open Space
  • Town centre Improvements

The content of the S106 agreement is agreed through the consultation period of the planning application with the relevant parties and planning officer. An application can not be determined until the S106 agreement has been completed with the Local Authority.

Unilateral Undertakings

If the proposal is for a minor development you have the option of completing a Unilateral Undertaking, rather than a full S106 Legal Agreement.

A Unilateral Undertaking is a simplified version of a planning agreement, which is quick and straightforward to complete and is agreed by the landowner and any other party with a legal interest in the site. This can help speed up the process of securing planning permission.

A Unilateral Undertaking consists solely of the payment of financial contributions, to be paid prior to commencement of development. It includes an obligation to pay the Council’s costs in monitoring and managing the implementation of the planning obligation.

CIL – Community Infrastructure Levy

The Community Infrastructure Levy is a charge which can be levied by local authorities on new development in their area to help them deliver the infrastructure needed to support development in their area.

The charge for CIL varies according to the local authority who set the schedule depending on the area. The levy is due when development is commenced.

There are some reliefs and exemptions for development related to residential annexes and extensions, minor development, charitable and social development, self-build etc. There are conditions that need to be met to apply for these benefits.


Single Storey Extensions

Class A of The Town and Country Planning (General Permitted Development) (England) Order 2015 permits the erection of single-storey side and rear extensions, subject to limitations and conditions. 

Some of the limitations are:

  • Single storey rear extensions can extend up to 4 metres for a detached house, and 3 metres of any other house.
  • Under prior approval notification, it can extend up to 8 metres for a detached house, and 6 metres of any other house.
  • It can be extended up to 4 metres in height
  • Side extensions can be extended up to half the width of the house.

Some of the conditions are:

  • The materials used in the extension must be similar to the existing house.
  • Any upper floor window of the side elevation must be obscured and non-opening below 1.7 metres of the floor of the room.

Please refer to this legislation.


Outbuildings

Class E of The Town and Country Planning (General Permitted Development) (England) Order 2015 permits the erection of buildings, enclosures, pools and containers subject to limitations and conditions. 

In addition to complying with the limitations, the condition is that it needs to be used incidental to the main house. Here is a list of some examples:

  • Shed
  • Office
  • Garage
  • Greenhouse
  • Gym
  • Store room
  • Swimming pool
  • Kennels 

Please refer to this legislation.


Dormers

Class B of The Town and Country Planning (General Permitted Development) (England) Order 2015 permits the addition or alteration to a roof of a house, subject to limitations and conditions. 

Some of the limitations are:

  • The dormer must not exceed the highest part of the roof of the house.
  • The dormer cannot be erected on the front of the house.
  • The cubic content of the roof space must not exceed 40 cubic metres for a terrace house, and 50 cubic metres for any other house.

Some of the conditions are:

  • The materials used in the exterior work must be similar to the existing house.
  • The dormer must be set back from the eaves by 0.2 metres.
  • Any window on a side elevation must be obscured and non-opening below 1.7 metres of the floor of the room.

Please refer to this legislation.