Section 106 Legal Agreements (S106)

In the past, Havant Borough Council secured developer contributions through the use of S106 planning obligations. In April 2010 the government introduced CIL and in many cases, this will replace the use of S106.

However, S106 contributions may be sought in addition to CIL where site specific measures are required to make a development acceptable; such as affordable housing, specific highway or flood alleviation measures.

As the council adopted a CIL Charging Schedule on the 1st August 2013,
any S106 agreements will need to meet the three tests set out in the CIL Regulations 2010 (as amended):

  • 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

For more information please see our Developer Contributions Guide and the information contained in the Planning Advisory Service’s – S106 Obligations Overview.