Legislation, policy and guidance

7/5/2021 3:02:40 PM

5. Planning Obligations

Section 106 agreements are legally binding private agreements made between planning authorities and developers. They are termed planning obligations under the 1990 Town & Country Planning Act and are dealt with under section 106 of the Act, hence their name.

Planning obligations enable a council to secure, amongst other things, financial contributions towards services, infrastructure and amenities in order to support and facilitate a proposed development and make it acceptable in planning terms.

Planning obligations are registered as a local land charge and will be revealed in local land charge searches until such time as they may have been discharged by way of formal application to the Council, in which case the local land charges entry may be removed from the Register. If land is subject to a planning obligation which has not been (or is not being) complied with, it may become difficult to dispose of the land given that obligations pass to successors in title.

The majority of signed agreements relating to addresses within Buckinghamshire are available for inspection/download on the area planning webpages. For those which are not available or are historic in nature copies are available from the Buckinghamshire Council Modern Records Service for a flat fee of £108 for each legal agreement requested. 

Apply for a S106 Agreement copy request

Planning obligations are rigorously monitored by the council’s Growth and Strategy Department. Once a planning obligation is completed, it is recorded on a database which allows the council to monitor compliance. It is vital that all parties understand their obligations, to ensure that they know what is required of them and when.

For confirmation that planning obligations contained within legal agreements are being adhered to, or complied with, please fill out this form.  The council charges a fixed fee of £300 per request.

Apply for a S106 Compliance Enquiry

Before attempting to fill out the form please make sure you have the following mandatory information available. You will not be able to submit the form without all mandatory information being provided. Payment is required upon submission

Mandatory Information

Your name and address

The address of the property in question – including Post Code(s)

A contact phone number

Your email address

The site address as stated on the S106 agreement

The agreement date (usually stated on the front cover)

The planning reference number contained within the agreement

The specific clauses and obligations to which the enquiry relates

The council will make best endeavours to respond to each submission within 14 days; however complex legal agreements are likely to require additional time to formulate a full and detailed response. 

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Last updated: 5 July 2021

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