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Section 106 agreements

Planning obligations under Section 106 of the Town and Country Planning Act 1990 (as amended), commonly known as S106 agreements, are a mechanism which make a development proposal acceptable in planning terms, that would not otherwise be acceptable.

They are focused on offsetting and/or easing the site specific impact of development. In certain instances, S106 agreements may still be required in addition to the  Community Infrastructure Levy (CIL).

Developments required to apply for S106 agreements

From 1 September 2010 contributions are required for development applications received for:

  • new dwelling(s)
  • change of use of a property to a residential purpose
  • the subdivision of a property to create new dwellings
  • a development resulting in a net gain of residential units.

If a proposed development is located within the Thames Basin Heath Special Protection Area (TBHSPA), the developer will be required to mitigate the development’s impact and contribute towards the Strategic Access Monitoring and Maintenance (SAMM).

Read our Special Protection Area (SPA) Thames Basin Heath avoidance strategy

National Planning Policy Framework

Following changes to the government’s National Planning Policy Framework, developments of 10 or more dwellings, or residential developments with a site area of 0.5 hectares or more, are liable for affordable housing contributions through Section 106 agreements. In addition, a ‘vacant building credit’ is also available to developers to incentivise bringing vacant buildings back into use.

Read more about vacant building credit

Application process and fee

We charge developers a management fee of £250 per application to cover the legal costs. This fee must be paid in advance before the application is processed.

Any agreement under Section 106 must be completed before planning permission is granted.

To assist your application, please complete the unilateral undertaking template in line with our requirements, please:

  • download the template
  • complete the information requested by following the instructions set out in the template
  • print off a copy and sign (developer’s signature).

Please note: Changes to the structure this document are not recommend and may not be accepted. Electronic submissions without a sign will not be accepted.

Download the unilateral undertaking template

Applications can be emailed to: legal@woking.gov.uk

Appeal process and fee

If your application has been appealed to the  Planning Inspectorate, please use the unilateral undertaking appeals template.

Download the unilateral undertaking appeals template

Applications can be emailed to: legal@woking.gov.uk

GPDO developments (prior approval) application process

The General Permitted Development Order (GPDO) allows for the change of use of some buildings and land to Class C3 (dwelling houses) subject to a prior approval process. Article 3(1) of the GPDO 1995 specifies that planning permission is permitted subject to the Conservation of Habitats & Species Regulations. Regulation 73 makes it a condition of any planning permission granted by general development order which is likely to have a significant effect on a European site must not begin until the developer has received written notification of the approval of the local planning authority under regulation 75. An application for prior approval should therefore include a completed unilateral undertaking for GPDO developments.

Download the GPDO developments (prior approval) template

Additional charges

You will be charged an additional £250 per application if you:

  • choose to alter the content of the unilateral undertaking template or the appeals template (other than in the areas where instructed to do so)
  • decide to draft your own S106 unilateral undertaking.

This charge is a reasonable cost charged by our legal services team to review the bespoke document(s). If you do not to provide advance payment and do not use the template provided as intended, no further progress can be made with your planning application.

Reasonable legal charges list

View our Section 106 reasonable legal charges list