Last updated: 30 August 2018
The scope for seeking new S106 contributions has reduced since new regulations came into effect in April 2015.
No more 'generic' contributions
Under the new regulations, we can no longer seek new contributions based on broad or generic infrastructure types (such as 'community facilities', 'open spaces' or 'play provision for children and teenagers') and decide later on (via S106 priority-setting rounds) how to use them for particular projects.
New S106 contributions have to be agreed for specific purposes at the time that planning permission is granted. No more than five specific contributions can be collected for any single specific project. If that specific project cannot be taken forward, the specific contribution cannot be used for another purpose.
We currently have an interim S106 approach [PDF, 77KB], which was introduced in 2015 and updated in 2016. This includes 'target lists' of play areas and open spaces [PDF, 73KB] and sports and community facilities [PDF, 114KB], which we use as a starting point for negotiating specific S106 contributions.
Whilst we no longer seek new S106 contributions for off-site public art, we can seek on-site public art for new developments via planning conditions.
See the latest position on the introduction of a community infrastructure levy.