What it is:
Legally binding obligations tied to a planning permission that specify what the developer must do — often tied to infrastructure, phasing, or affordable housing.
How EHDC should use it:
Include clauses that:
- Restrict occupation until delivery milestones are met.
- Require early infrastructure delivery before homes are sold.
- Include a detailed Delivery Strategy as a condition of permission.
Impact:
Makes it economically risky for developers to delay — without needing direct penalties.
🏡 What Are “Section 106 Agreements”?
Section 106 agreements are legal contracts between the Council and a developer. They’re used to make sure new developments pay their fair share for things like:
- Roads and junction upgrades
- New school places
- Playgrounds and green spaces
- Affordable housing
They can also set rules about when and how a developer builds — such as:
“You can’t sell or occupy any homes until you’ve built the new roundabout.”
“You must deliver 40% affordable homes by the time you finish the first 50% of the site.”
🧭 What Would EHDC Use These For?
- To make delivery milestones legally enforceable,
- To stop developers from building slowly just to wait for prices to rise,
- To make sure critical infrastructure comes first, not last.
🎯 Why Does It Matter?
Without strong Section 106 agreements, developers can:
- Build homes and sell them before anything else is ready,
- Delay infrastructure or community benefits until the end — or indefinitely,
- Ask for things to be removed later, claiming “viability issues”.
✅ Final Thought
Section 106 isn’t about punishing developers — it’s about making sure they deliver what they promise, when they promise it.
If used well, it protects local communities from broken commitments and poorly phased development.