Section 106 Agreements

Guidance and Templates for Planning Obligations.

Planning Obligations (also known as s106 agreements – of the 1990 Town & Country Planning Act) are legal agreements between a planning authority and a developer, or an undertaking by a developer, to ensure that certain extra works, requirements or procedures take place and/or are maintained in the future. A Planning Obligations is only required where it is necessary to make the development acceptable.

National Guidance on Planning Obligations can be found at http://planningguidance.planningportal.gov.uk/blog/guidance/planning-obligations/

Where a Planning Obligation is required it is signed by all parties before a planning permission can be issued. This can cause delay if all parties are not prepared and able to progress an Obligation. The National Park Authority wishes to avoid such delays and it is recommended that you take legal advice at an early stage if a proposal is likely to require an Obligation.  

There are limited cases when a Planning Obligation may be required within the National Park. Usually an Obligation will be required where there is a need to secure affordable or other types of housing.

Local Needs Affordable Housing

Affordable housing schemes will require a Planning Obligation to ensure that the housing is occupied by local people in need of housing and the rents or prices are affordable and remain so in the future.

A template of the Local Needs Affordable Housing S106 Agreement can be found here

It may be necessary to refine the agreement in specific circumstances and the cascades are different in Lynton and Lynmouth Town Council area where the Lyn Plan is in operation.

We wish to promote affordable housing and policy guidance is set out in the Exmoor Local Plan and the Emerging Local Plan. It is strongly recommended that discussions are held with Planning Officers before any planning application is submitted to ensure the proposals have a good chance of receiving approval.

If you are not absolutely sure about how the S106 Agreement affects you, or what the different clauses mean, you should seek the advice of your own solicitor. The Authority’s legal advisers cannot provide you with legal advice about planning obligations.

Evidence will need to be provided to the Authority to ensure that the person(s) occupying the local needs affordable housing has an established local connection. A form can be downloaded via the link below.

Local Needs Affordable Housing - Local Connection Form

Extended Family Dwellings

The Emerging Local Plan has a policy that, in certain situations, allows the use of an outbuilding as a dwelling by a related family member in association with the main house. The intention is to assist Exmoor families to be able to support each other by living close together. The full details, including the local connection requirements, can be seen under Policy HC-D4 of the Publication Version of the Local Plan. To allow this exception to the normal policies of restraint, in terms of housing in the countryside, there is a need for a Planning Obligation to ensure that the Extended Family Dwelling cannot be separated from the main house.

A standard template of the Extended Family Dwellings S106 Agreement can be found here.

If you are not absolutely sure about how the S106 Agreement affects you, or what the different clauses mean, you should seek the advice of your own solicitor. The Authority’s legal advisers cannot provide you with legal advice about planning obligations.

Evidence will need to be provided to the Authority to ensure that the person(s) occupying the Extended Family Dwelling, or a family member in the existing dwelling associated with the Extended Family Dwelling, has an established local connection. A form can be downloaded via the link below.

Extended Family Dwelling - Local Connection Form

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