Section 106 Agreements
What are S106 Agreements?
- Section 106 Agreements and Unilateral Undertakings (UU) are legal agreements between developers and the local council, and is the means the Council uses to secure the contributions.
- S106 Agreements are linked to a specific planning permission, and therefore the responsibility to discharge all parts of the agreement lies with the land owner/developer.
- S106 Agreements are transferrable between developers, when the land is sold on, as stated in the section headed “change in Owenership" of the S106 agreements. It is the responsibility of the original owner to inform the Council of the sale of the land, and provide the Council with the name and contact details of the new owner. Please contact us via our email at developer.contributions@dover.gov.uk.
- When developements are complete, and houses sold, the S106 is not transferred to, and does not become the responsibility of the new homeowner.
For more information and FAQ's about Section 106 agreements and the IDP is available click here
What do they do?
- S106 agreements are required, when a development impacts on the local area in such a way that cannot be addressed through planning conditions.
- For example, a new residential development may increase the number of pupils attending a primary school, therefore financial contributions may be required to fund the expansion of that school.
- Some contributions are specific to certain needs of the local area in which the development is being built, and others can be more general and can cover the broader area of the District.
Will my development require a S106 Agreement?
- Not all developments require a S106 Agreement or Unilateral Undertaking. It depends on the scale of the development and the location.
- Major developments of 10 units and above
- For developments that will impact the strategic highway network such as Whitfield Roundabout
- For development within the Thanet Coast and Sandwich Bay area, a specific contribution is required and is calculated upon the number of bedrooms. For further information click here
Costs involved
Each contribution is calculated on an case by case basis, and is agreed between the Council and the Developer (and the County Council as appropriate).
- There are 2 standing charges for each S106 agreement:
S106 standing charges
| Fee | Cost | Reason |
|---|
| Legal Fees |
£265 per hour but subject to a minimum charge of £1100 for a new agreement and £680 for a variation |
Towards the Council's proper and reasonable legal and administrative costs for the preparation, execution and registration of the S106 Agreement |
| Monitoring Fees |
£250 flat rate for Unilateral Undertakings/S106 for SPA mitigation
£500 per trigger event on all other S106 agreements for financial obligations and non-financial obligations
|
Towards the Council's costs of monitoring the compliance of the Development with the terms of the S106 Agreement
|
Paying my developer contributions
- Depending on the S106 or Unliateral Undertaking Agreement, the developer contributions will either be paid to Dover District Council or Kent County Council or both.
- Within the signed Agreement, there will be a schedule which sets out the amount for each contribution, when it is to be paid, and who to; these are called Trigger Points.
Ready to pay your contribution?
- It is the responsibility of the developer to advise the Council when they have reached each trigger point and are ready to pay their contribution.
- Calculations are then made, which may include an indexation uplift and an invoice is raised.
- Once an invoice is received payments can then be made - Please do not pay your contributions without an Invoice.
- If you're ready to pay your contribution, or have queries over the trigger points please contact us at developer.contributions@dover.gov.uk and we will be happy to chat through your S106 or UU agreement.
Contact Us
Email developer.contributions@dover.gov.uk
Tel: 01304 872798