Section 106 agreements are legal documents between a local authority and any developer. These are known as planning obligations and are linked to the planning permissions.
These agreements are drafted when the council considers the development to have a significant impact on an area which can’t be moderated by conditions attached to the planning decision made by the Planning Officer.
As an example, a new residential development can place more pressure on the infrastructure of the area and this planning obligation will aim to balance this pressure by ensuring that the infrastructure is improved.
The most common obligations are:
- Public Open Spaces;
- Affordable Housing;
- Education;
- Highways;
- Town Centre Improvements;
- Health Care.
The content of this agreement is agreed during a consultation period of the planning application with all of the relevant parties and the planning officer. The agreement will be prepared by the Councils solicitors and the developer/applicant will be required to pay the solicitor fees.
Thames Water Heaths Special Protection Areas (SPA)
The Thames Basin Heaths SPA is a vital heathland network, internationally recognized for its bird populations. To address impacts on bird life from recreational use, our council has a planning strategy outlined in the Supplementary Planning Document (SPD), adopted on July 29, 2010.
The SPD outlines standards for new residential developments within 5km of the SPA. Approximately 460 homes have been mitigated near Allen's Field Suitable Alternative Natural Greenspace (SANG), allowing mitigation within 2km. Financial contributions are sought, and the SPD, along with associated documents, can be downloaded below.
Key documents:
Mitigation details:
- Mitigation possible within 2km of Allen's Field SANG for large developments.
- Small developments (fewer than 10 dwellings) within 5km can be mitigated.
- New development within 400m of SPA is not mitigable.
Background
The SPA, comprising thirteen Sites of special Scientific interest (SSSI) sites, is protected by UK law. Residential developments up to 5km are deemed to have a significant cumulative impact.
Thames Basin Heaths Joint Strategic Partnership:
Local authorities, Natural England, RSPB, and partners collaborate to protect SPA while allowing necessary development. The Delivery Framework guides a consistent approach across the SPA.
SANG (Suitable Alternative Natural Greenspace):
SANGs protect SPAs; for example, the Thames Basin Heaths SPA covers Berkshire, Hampshire, and Surrey. SAMM charges, in addition to CIL, apply to new developments based on the number of bedrooms.
SAMM (Strategic Access Management and Monitoring):
SAMM safeguards SPA from recreational pressures. It involves education, guidance, and monitoring effectiveness. Natural England oversees implementation, and the JSPB gives final approval. The AMMP provides technical advice to ensure access management measures align with SPA and SANG objectives.