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. See current fees here: section 106 fees

West Suffolk S106 Contributions annual reports

West Suffolk have 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 the West Suffolk authorities are explained in documents known as SPDs, you can find out more from our Supplementary planning documents page

Developers guide to infrastructure contributions

developers guide has been produced that sets out the type or scale of planning obligations that can be expected. For further information, visit: Suffolk County Council, planning obligations

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

If the proposal is for no more than 10 dwellings and the total combined floor area does not exceed 1,000sqm, then no affordable housing is required. Otherwise the requirement is as follows:

Location Affordable Housing
Forest Heath sites (in primary and secondary villages only) of between 5-9 dwellings or sites of between 0.1ha – 0.33ha 20% provision
Forest Heath sites of 10 dwellings and above or sites over 0.33ha 30% provision
St Edmundsbury sites of between 5-9 dwellings or sites of between 0.17ha and 0.3ha 20% provision
St Edmundsbury sites of 10 dwellings and above or sites over 0.3ha 30% provision