Developer Contributions - Section 106

Section 106 of the Town and Country Planning Act 1990 allows a local planning authority to enter into a legally-binding agreement to secure planning obligations with a landowner as part of the granting of planning permission.

 

Planning obligations are an important mechanism to help mitigate the negative impacts of development. The Council will use planning obligations for the provision of local infrastructure requirements that are required as result of the development, such as site specific local provision of open space and landscaping, habitat protection, access arrangements including sustainable transport facilities, education and community facilities and affordable housing.

 

Planning obligations may include the following:

  • In Kind Contributions – The developer carries out required works directly within the development site such as the provision of children’s play area and affordable housing.

  • On Site / Off Site Financial Contributions – The developer contributes financially towards the provision of measures that would mitigate the detrimental impacts of development such as improved public transport, walking and cycling improvements, educational facilities, and new/improved community facilities.

  • Maintenance Contributions – The developer contributes financially towards the physical upkeep of facilities that they have funded or provided such as open spaces.

  

Section 106 Annual Updates

At the end of each financial year, an annual report is presented to Cabinet regarding the progress of Section 106 (Planning Obligation) matters in the Vale of Glamorgan. The report provides the following information:

 

  • A list of all Section 106 agreements entered into within the financial year; and
  • A summary of income and spend on each Section 106 agreement. 
S106
Financial YearAnnual Cabinet ReportLegal Agreements entered into within the Financial YearSummary of Income and Spend on each Section 106 agreement within the Financial Year
 2018/19  Report  Agreements Signed  Section 106 Accounts
 2017/18  Report  Agreements Signed  Section 106 Accounts
 2016/17  Report  Agreements Signed  Section 106 Accounts
 2015/16  Report  Agreements Signed  Section 106 Accounts
 2014/15  Report  Agreements Signed  Section 106 Accounts
 2013/14  Report  Agreements Signed  Section 106 Accounts
 2012/13  Report  Agreements Signed  Section 106 Accounts
 2011/12  Report  Agreements Signed  Section 106 Accounts

Section 106 Agreements Register

The Council has kept an up to date register of signed Section 106 agreements since 1990

 

Supplementary Planning Guidance

The Vale of Glamorgan has a number of adopted Supplementary Planning Guidance documents (SPGs) to support the Local Development Plan.

 

Planning Obligations SPG 2018

 

The Planning Obligations SPG provides clarification of where, what, when and how planning obligations will be sought, in order to assist the Council in creating sustainable communities that provide social, economic, and environmental benefits.

Affordable Housing Front Cover 2018

 

The Affordable Housing SPG sets out the Council’s approach to delivering affordable housing through the planning system. It sets out the Council’s requirements and mechanisms for securing and delivering affordable housing within the Vale of Glamorgan.

   

Section 106 Implementation

The Section 106 Protocol for Implementation is a consultation procedure which is carried out with Cabinet Members, Service Areas, Local Ward Members and other appropriate consultees upon receipt of a Section 106 financial contribution. The purpose of the Protocol is to ensure that financial contributions received by the Council are allocated in a democratic manner, having regard to the legal framework, the impact and needs arising from a new development and best value for money.

 

Strong Communities Grant Fund

The Strong Communities Grant Fund provides a platform for Community Groups, the Voluntary Sector, and Town and Community Councils to apply for grant funding to assist with projects across the Vale of Glamorgan. It also provides another mechanism to apply for Section 106 contributions. If you have a community project which you think may be eligible for Section 106 funding, please contact Charlotte Raine (Senior Planner, Development Contributions) on 01446 704662, or email clraine@valeofglamorgan.gov.uk

 

Community Infrastructure Levy

Given the uncertainty regarding the future of the Community Infrastructure Levy Regulations 2010 (as amended) and the devolved powers Welsh Government inherited to modify existing secondary legislation in April 2018, the Vale of Glamorgan Council’s Cabinet (on 24th April 2017 Minute C3546) agreed that, until there is a clear direction from the Welsh Government,  progress on CIL in the Vale of Glamorgan is to be placed into abeyance. In the meantime, the Council will continue to use planning obligations secured through section 106 agreements to secure necessary infrastructure associated with new developments as set out in this SPG.

 

For further information or to discuss Section 106 issues please contact the Council's Section 106 Officer