Planning obligations or Section 106 agreements (Town and Country Planning Act 1990) are a legally binding agreement with a landowner as part of the grant of planning permission.
Section 106 agreements provide a mechanism to make a development proposal acceptable in planning terms. They are focused on site specific mitigation of the impact of the development on the local community. They can be used to support provision of services and infrastructure such as education, highways, affordable housing and recreational facilities.
Planning obligations in North Hertfordshire
The Developer Contributions Supplementary Planning Document (SPD) was adopted in February 2023 and supports the new Local Plan for the period 2011-2031. It sets out how payments in North Hertfordshire are secured under S106 agreements, collected and administered.
Section 106 Agreement and the Community Infrastructure Levy
A Community Infrastructure Levy (CIL) is a set charge on development and liability is automatically triggered by the grant of planning permission.
North Hertfordshire currently does not have a CIL and uses S106 legal agreements to secure contributions from new development.
Monitoring planning obligations
Once a planning obligation is secured by a S106 agreement or unilateral undertaking, it is recorded and monitored by the S106 Compliance and Monitoring Officer who will monitor the triggers for payments contained within the agreements and seek payment as appropriate.
If a breach of a planning obligation occurs, the Compliance and Monitoring Officer will contact the relevant party and offer an opportunity to remedy the breach. If this cannot be achieved, the Compliance and Monitoring Officer will review the breach with the Planning Enforcement/Development Manager and Legal Services prior to action being taken.
How planning obligations are enforced
We will always try and resolve breaches by working with the relevant party in the first instance but will take legal action where co-operation is not forthcoming.
Enforcement can be through the courts, by application for an injunction or by carrying out necessary operations required in the planning obligation and recovering the cost from those against who the obligation is enforceable.
Infrastructure Funding Statement
For any queries relating to S106 agreements, planning obligation monitoring and payment please contact compliance.monitoring@north-herts.gov.uk