Infrastructure Funding Statement

As a Council, we are required by Government to monitor data on Section 106 planning obligations, and to publish this information every year in an Infrastructure Funding Statement

What are Section 106 planning obligations?

They are legal obligations which address the impact of a development proposal. They must be:

  • necessary to make the development acceptable in planning terms
  • directly related to the development; and
  • fairly and reasonably related in scale and kind to the development

Examples of things that could be included within a Section 106 Agreement could be:

  • a requirement to provide affordable housing on-site
  • a financial contribution to boost local education provision
  • or a requirement to provide a community facility at a fixed point in the development process

Planning obligations apply to the land, not the landowner, or developer and are legally binding.

What is the Infrastructure Funding Statement?

It is an annual report usually published in December. It gives a summary of all financial and non-financial developer contributions relating to Section 106 Legal Agreements.

It provides information on:

Developer Agreements

A Developer Agreement is any legal document that agrees contributions from a development for infrastructure or affordable housing, or any demand notice for the Community Infrastructure Levy (CIL). The CIL is a planning charge, introduced by the Planning Act 2008, which local authorities use to help get the infrastructure in place to support the development of an area.

Developer Agreement Contributions

Developer Agreement Contributions are the individual obligations or sums in the Developer Agreement, that are assigned to particular purposes, such as affordable housing.

Developer Agreement Transactions

Developer Agreement Transactions are listed as one of the following:

  • Secured: This means that the trigger clauses associated with the contribution have been met, and the developer has to pay all or part of the contribution
  • Received: This means that the developer has paid all or part of the money due to us
  • Allocated: This means that the money that has been received has been allocated to a team to spend
  • Transferred: This means that the money has been transferred to another organisation to spend, for example, another authority
  • Spent: This means that the money has been spent on the purpose specified
  • Returned: This measn that the money (or a portion of it) has been returned to the developer