Section 106 agreements (also known as unilateral undertakings or planning obligations) are legal agreements which are sometimes required as part of a planning permission for reasons which can include:
- To restrict the way that a development or use of land can be undertaken;
- To require that an appropriate level of affordable housing is included and delivered as part of a development scheme;
- To ensure that appropriate infrastructure such as road improvements; schools; improved/expanded medical facilities that are needed to support a new development are provided.
The requirements of an agreement which often include appropriate financial contributions towards those works will vary according to the scale and type of development and will be determined in conjunction with service providers such as the NHS; the Highways Authority and the Education Authority as part of the consideration of a planning application.
Monitoring Section 106 agreements
Monitoring of S106 agreements is reported in quarterly developer contributions reports.
Existing agreements
You can find a summary of any existing agreement that may affect your property including information about contributions that are to be or have been paid and where the money is being spent. This information is provided through a spreadsheet which includes agreements that have been signed since 2005. The spreadsheet is updated every quarter.
NB: The spreadsheet is in Excel format. You can download a free Excel viewer.
You can download the spreadsheet to your computer and/or you can search through it by ward; address or type of contribution.
If you have any queries regarding the spreadsheet, please contact Michael Martin on 01926 456536.
Warwick District Council and Warwickshire County Council are currently undertaking a major project to review and monitor the requirements of those agreements and the spreadsheet is therefore very much a working document which is regularly being reviewed and updated. For that reason, whilst many of the requirements of agreements have been completed (identified in green on the spreadsheet), many others are shown as currently being reviewed and checked.
Applications to modify or discharge planning obligations
The following form should be used for applications to modify or discharge planning obligations.
Application to modify, or discharge planning obligations
Charging schedule
In order to support the resourcing required for the consideration of and response to these applications, from 1 June 2024, the following fee will be charged for work in relation to legal agreements:
| Application Type | Major Development | Non-Major Development |
|---|---|---|
| Approval of details required by an Obligation | £600 | £300 |
| Modification of Obligation Details | £600 | £300 |
For any submission requesting the approval of multiple requirements or the modification of multiple clauses, the charge for each additional requirement or clause will be £300 for major developments and £150 for other development.
For example, a request for the approval of 3 sets of details or the modification of 3 separate clauses would be £600 + £300 + £300 = £1,200.
Please note that these fees are in addition to any legal fees incurred.