I’ve recently been speaking with other Town and Parish Councillors around the country about section 106 (s106) payments from developers to “develop facilities to support the additional residents living in the community” where they have had additional housing built. What strikes me as odd is that there has never been any mention of this at Rayleigh Town Council and furthermore, the Districts Portfolio Holder for Planning is actually a Town Councillor!!!
SECTION 106 AGREEMENT
Section 106 of the Town and Country Planning Act 1990 allows a Local Planning Authority (LPA) to
enter into a legally-binding agreement or planning obligation with a landowner as part of the granting of planning permission. The obligation is termed a “section 106 agreement”.
Developers are charged a contribution by the LPA depending on the size and number of dwellings
being built. This money is used to develop facilities to support the additional residents living in the
These agreements aim to address issues that are necessary to make a development acceptable in
planning terms. They can be used to support the provision of services and infrastructure, such as
highways, recreational facilities, health and affordable housing.
Local planning authorities should work with local councils to deliver community benefits and improvements in the parish, ward, town or area relating to the location of the development from which the contribution was received.
I will admit this has only recently come to light for me and I will hold my hands up and say in the 5 years I have been a member of the Council, I haven’t raised this issue. I have now though! At the budget meeting, I have questioned why Rayleigh Town Council hasn’t been applying for s106 payments to develop the facilities of the town – the room was silent. This is surely a dereliction of duty to our residents?
I have now asked the District Council to formalise the process for Town and Parishes to negotiate s106 payments for their areas.