Section 106 legal agreements

In the past, Havant Borough Council secured developer contributions through the use of S106 planning obligations. The government introduced CIL in April 2010. This was intended to replace the use of Section 106 funds (S106).

However, S106 contributions may be sought in addition to CIL where site specific measures are required to make a development acceptable. This includes affordable housing and 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
  • fairly and reasonably related in scale and kind to the development