Section 106 planning obligations

In order to address and agree issues that would need to be covered by planning obligations at an early stage, the council will require draft heads of terms to be submitted as part of the planning application, where planning obligations are required.

The draft heads of terms should set out clearly the obligations that the developer/landowner is willing to be bound by, in order to meet the needs generated by the development which are not going to be met as part of the development scheme itself. The draft heads of terms should also include the agreed timing/triggers for satisfying the obligations.

The heads of terms forms for legal agreements for unilateral undertakings and S106 agreements can be found below:

• HOT1 (Heads of terms 1) should be used for planning applications between one and 10 dwellings.
• HOT2 (Heads of terms 2) should be used for planning applications for 10 dwellings or more or for over 1,000 square meters or other relevant major development proposals

Download forms

• HOT1 (PDF) - Heads of terms template for unilateral undertaking for planning obligations, relating to play and open space contributions/affordable housing
• HOT2 (PDF) - Heads of terms template for S106 agreement for planning obligations, for major development proposals or a deed of variation to an existing S106 agreement

It is important to note that where a proposal requires a planning obligation, planning permission will not be granted until the council receives a planning obligation completed to its satisfaction.

Last updated: ‎20/11/2023 17:33