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Section 106 agreements

Section 106 agreements

Planning obligations provide a means of ensuring that developers contribute towards the infrastructure and the services that West Lindsey District Council believe necessary to facilitate proposed developments. Contributions may be either in cash or kind.

Planning Obligations are also used to deliver the following, for example:

  • Affordable housing
  • Payments towards required education provision
  • Ensuring agricultural dwellings are not sold separately from the land they serve
  • Ensuring residential annexes are occupied by dependent relatives and are not sold as a separate independent dwelling
  • Requiring infrastructure (roads, drains) to be provided
  • Requiring land to be dedicated and equipped as open space or playgrounds
  • Requiring sums to be paid for the provision of off-site infrastructure or the long term maintenance of open space  

Where an applicant claims a scheme cannot support the required works and/or other contributions, developers are required to submit a Development Appraisal. This will enable the council to assess and comment on the viability of the development proposal. Information to help you with the preparation of a development appraisals is contained in the guidance (see attachments below).

Where a proposed development scheme is likely to involve developer contributions, pre-application discussions with the planning service are strongly recommended to enable the council to assist in resolving any foreseeable problems which may arise during the planning process. Please contact the Planning Department by emailing planning.customer.care@west-lindsey.gov.uk to discuss these.

Standard templates for both Agreements and Unilateral Undertakings are available to assist in this process along with an undertaking to pay West Lindsey District Council’s and Lincolnshire County Council’s Legal Services cost in preparing the Section 106 Agreement.  Sample draft Agreement and Unilateral Undertaking documents are attached in the downloads section.

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