Section 106 agreements

Here you will find out about section 106 agreements.

Planning obligations under section 106 of the Town and Country Planning Act 1990 are a mechanism which make a development proposal acceptable in planning terms that would not otherwise be acceptable. They are focused on site-specific mitigation of the impact of development.

Common uses of planning obligations are to secure affordable housing and to specify the number, type and timing of this housing, as well as to secure financial contributions to provide infrastructure or affordable housing.

A S106 obligation can also:
  • restrict the development or use of the land in any specified way
  • require specified operations or activities to be carried out in, on, under or over the land
  • require the land to be used in any specified way
  • require a sum or sums to be paid to the authority on a specified date or dates or periodically
All S106 agreements are available to view via the public access system and can be searched for under the planning reference of the development.

Planning-Application-Privacy-Notice 
The council are committed to making the process open and transparent. Work has recently taken place to improve the way in which information relating to the section 106 obligations is held so customers have improved access to this information.

In developing this database, we are also taking the opportunity to ensure all data held in the system is correct. This is an ongoing process with staff currently reviewing all agreements.

Our Section 106 agreements are available to view via our Public Access system under the application reference number.
Please remember to state the invoice number and planning application reference on all payments.

Looking for a copy of a S106 agreement? Please use this link to search our Northumberland map to help locate it.

Interactive Self-Serve Section 106 Agreement Map

Once the map is open enter an address in the search field (top left) and click the magnifying glass. A search result will highlight the planning reference and this gives a link to the public access system. Click on more information and the legal agreement will be shown within the list of documents for the planning application.  

Full user guidance notes are provided on the map along with a contact email if you cannot find the Section 106 agreement and believe it is missing.
Find out information on applying for housing developer funds, including funding for sports and play.

The following table shows all S106 financial contributions held and received by the Council.

They are a mixture of commuted sums, site specific amounts and infrastructure amounts to mitigate the impact on the development. Financial contributions are made at different stages of a development, often upon commencement and/or phased at different 'trigger' points. To learn where S106 contributions come from read the Section 106 obligations overview from the Planning Advisory Service

Section 106 Contributions Table

To apply for Affordable Housing monies, please refer to the Affordable Housing protocol guidance and application form on the Affordable Housing web page.

To apply for Sport and Play monies please refer to the Funding for Sport and Play web page.
We appreciate all feedback from customers on the provision of this information. If you have any questions or wish to provide feedback, please complete the form below. We will aim to repond to your comments/questions within 20 working days.

A Section 106 planning obligation may be changed (known as a Deed of Modification) or discharged in two ways.

  • Within five years of the date of the completion of the obligation, at any time, by agreement between us and the person or persons against whom the obligation is enforceable. For a request for the agreement to be amended within five years, you will need to set out reason why this is necessary;
  • After five years beginning with the date the obligation was legally completed (or a later date specified in the obligation itself).
In both cases, the proposal for modification or discharge should be submitted to us by a formal application. There is an application fee of £234 (and potentially legal charges).  The relevant application form must be completed and a copy of the the appropriate ownership notice submitted for the application to be valid. Once accepted as a valid application there is a time limit for the application to be decided within 8 weeks.

Section 106 application forms (which includes a notice template) and payment options are available on our ‘Apply for planning permission’ webpage.

We will determine the application in one of the following ways:
  1. If the obligation is no longer needed to serve its original intended purpose, it may be discharged;
  2. If we consider that the obligation is still needed to serve its original intended purpose, but that this can be achieved by modifying the obligation in the way proposed in the application, we can agree to modify the obligation;
  3. If we consider that the obligation still serves a useful purpose, we can refuse to discharge the relevant obligation.