Section 106 and the community infrastructure levy (CIL)

Section 106

New development will inevitably require infrastructure to sustain its future occupants or for commercial developments, its customers. These infrastructure requirements can be secured under section 106 of the Town and Country Planning Act 1990 and are legally binding. These requirements are planning obligations and can be unilaterally offered by the land owner or be bi-lateral agreements between the land owner and the local planning authority.

Infrastructure secured by planning obligations, can be in the form of land provision, physical structures and financial contributions; the obligations may also restrict the use of land. Schools, highways, public open space, play areas and community facilities are all examples of infrastructure that might be secured under s106.

Section 106 monitoring fees

Local planning authorities ensure planning obligations are monitored, for which a fee is charged. Where required these are calculated on a bespoke basis for large developments.

West Suffolk S106 contributions annual reports

West Suffolk has produced an annual report of all the s106 developer contributions received within the last financial year. An annual report will be published at the end of each financial year.

Supplementary planning documents (SPDs)

Infrastructure requirements that are the responsibility of West Suffolk Council are explained in documents known as SPDs, you can find out more from our Supplementary planning documents page

Developers guide to infrastructure contributions

A developers guide has been produced that sets out the type or scale of planning obligations that can be expected. For more information, visit: Suffolk County Council - Developers guide to infrastructure contributions in Suffolk

Community infrastructure levy (CIL)

A new form of securing planning obligations to supplement and co exist with s106 is the community infrastructure levy (CIL). It has been designed to be generally paid up front and is a levy calculated on the size and type of development. Usually for off-site infrastructure (s106 continuing to secure on-site provision) the sums collected will be spent on infrastructure that can include the types listed above for s106.

Although CIL is not currently in use in West Suffolk work has begun to explore its introduction but at this time no final decision has been made to introduce it.

Affordable housing provision requirements

The National Planning Policy Framework states that affordable housing shall only be required for sites of 0.5ha and over or for 10 dwellings and over.

Our Core Strategy policies would then require 30% affordable housing.