S106 Agreements

A Section 106 (S106) Agreement is a legal agreement under Section 106 of the Town and Country Planning Act 1990. It allows a local planning authority to make an agreement with a landowner or developer to provide something or to limit how a development is used. These agreements stay with the land, meaning they apply to future owners too.

Why S106 Agreements Are Used

S106 Agreements ensure that developers contribute to local infrastructure needed to support a development. They are only used when necessary and must meet three legal tests under the Community Infrastructure Levy Regulations 2010 (as amended):

• Necessary to make the development acceptable in planning terms.
• Directly related to the development.
• Fair and reasonable in proportion to the scale and type of development.

What S106 Contributions Can Cover

S106 Agreements may require developers to provide or contribute to:

• Affordable housing
• Education facilities
• Open spaces and recreation
• Community facilities
• CCTV and security measures
• Sustainable transport initiatives
• New roads or public rights of way

When S106 Agreements Are Needed

S106 Agreements are used when a development has negative impacts that cannot be addressed by standard planning conditions.

• Major developments (10 or more residential units or over 1,000 sq. m of commercial space) often require S106 Agreements to manage their impact.
• Smaller developments (fewer than 10 units) may need to provide contributions for community facilities and public open spaces through a Unilateral Undertaking.

Vacant Building Credit

Vacant Building Credit encourages the redevelopment of brownfield sites by offering incentives for developers who build on land with existing vacant buildings.

Find further information.

Fees for S106 Agreements

The council charges legal fees for preparing, reviewing, and finalising S106 Agreements and Undertakings.

Colchester City S106 monitoring fees for 2025/26:

• Financial contribution clauses: £831.42
• All other clauses: £1066.13

These are one-off payments due when the agreement is completed.

Getting S106 Advice

If you know the development address or reference number, you can view an S106 Agreement on our Public Access system.

For any S106 enquiries, including compliance questions, email s106enquiries@colchester.gov.uk.