Section 106 Agreements

A Section 106 agreement (S106) is a legally binding agreement between the Local Planning Authority (LPA) and a developer/landowner as a way of securing planning obligations. As such, it is something that is agreed as part of a planning application.

The purpose of a S106 agreement is to mitigate the impact of the proposed development in question, either by securing on-site mitigations or off-site financial contributions. This could be through the provision of affordable housing, facilities, infrastructure, open space on site, or by providing a financial contribution to the LPA or third party in lieu of providing these things directly. 

These obligations may also be secured through an agreement known as a Unilateral Undertaking (UU), which is something that is signed solely by the applicant. UU’s are typically used in a particular circumstances, such as when an application is approved on appeal.

The below table lists all of the S106 agreements that have been made with the LPA since 2013 and provides a link to individual webpages where you can find out more about the off-site financial contributions made under each of those agreements as well as a link to the actual agreement itself.

Section 106
Title Planning Application Number Site address Current S106 Agreement Status
Section 106 Obligations - P/2011/00546/CEH/PO & P/2011/00547/CEH/PO P/2011/00546/CEH/PO & P/2011/00547/CEH/PO Land at Burton Road, Ludgate Street Farm, Tutbury Live
Section 106 Obligations - P/2011/01359/CLF/PO P/2011/01359/CLF/PO Land to the east of Efflinch Lane and north of Mill Lane, Barton Under Needwood, Staffordshire Complete
Section 106 Obligations - P/2014/01490 P/2014/01490 Bellway Homes Development, Efflinch Lane, Barton under Needwood, Burton upon Trent, Staffordshire Complete
Section 106 Obligations - P/2017/00555 P/2017/00555 Land off Westlands Road, Uttoxeter, Staffordshire Live
Section 106 Obligations - P/2019/00258 P/2019/00258 Branston Leas (Phase 5), Land South of Lichfield Road, Branston, DE14 3EQ Live

 

S106 Agreements with Spend Deadlines

As well as other requirements, some of the payments made under S106 agreements have spend deadlines, meaning that the funding must be used for an appropriate purpose before the expiry of the spend deadline, otherwise the funds must be returned to the organisation that provided it.

The following table is a list of all unspent S106 agreement payments that have spend deadlines, as of 31st March 2023. This list does not account for any funding commitments, allocations or other requirements of the agreements and so some of this funding may be allocated to particular projects already.

For more information on S106 funding, please contact the Council at [email protected].

Planning Reference S106 Type Amount Spending Deadline
P/2010/01441 Open Spaces £15,170.00 29/09/2024
P/2013/01287 Sport & Leisure £54,491.00 16/02/2026
P/2012/01467 Sport & Leisure £233,747.10 12/05/2026
P/2013/00432 Sport & Leisure £47,193.00 23/05/2026
P/2013/00882 Waste £45,500.00 03/06/2026
P/2014/00548 Affordable Housing £356,000.00 13/06/2026
P/2014/00548 Sport & Leisure £26,518.00 13/06/2026
P/2012/00636 Sport & Leisure £171,841.00 03/02/2027
P/2012/00636 Waste £7,446.00 03/02/2027
P/2012/00636 Other £57,280.00 04/02/2027
P/2014/00548 Sport & Leisure £28,201.00 11/05/2027
P/2015/01497 Other £12,371.00 08/12/2028
P/2015/01497 Sport & Leisure £100,000.00 15/08/2029
P/2017/00555 Waste £1,382.00 11/02/2030
P/2019/01465 Waste £4,800.00 30/01/2031
P/2017/00555 Affordable Housing £164,261.00 06/04/2031 & 12/07/2031
P/2019/00703 Open Spaces £8,478.00 12/04/2031
P/2019/00703 Waste £1,110.00 12/04/2031
P/2018/00939 Open Spaces £15,766.00 13/06/2031
P/2017/00354 Affordable Housing £6,021.00 07/09/2031
P/2017/00354 Waste £1,125.00 07/09/2031