Section 106 Agreement
A legally binding agreement between a developer and the local planning authority under s.106 Town and Country Planning Act 1990, securing planning obligations such as affordable housing, open space, or infrastructure contributions as a condition of planning permission.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Section 106 of the Town and Country Planning Act 1990 allows any person interested in land in a local planning authority's area to enter into an obligation — a 'planning obligation' — by agreement or otherwise, enforceable to the extent set out in the section. A planning obligation is enforceable by injunction, and if there is a breach of a requirement to carry out operations on the land, the enforcing authority may enter the land and carry out the operations itself.
The instrument creating a planning obligation must be executed as a deed and must state that it is a planning obligation for the purposes of section 106. Local planning authorities commonly use section 106 agreements to secure contributions such as affordable housing or infrastructure funding as part of granting planning permission for a development.
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Official sources
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