Developer contributions - Print version

There are two main types of developer contributions: Section 106 [/s106] (planning obligations) and Community Infrastructure Levy [https://www.coventry.gov.uk/info/111/planning_policy/3599/developer_contributions/3], which may be required as part of the process of granting planning permission.

Developer contributions are based upon an established principle that developers should mitigate negative impacts created by the developments they bring forward, or where additional infrastructure is required to support this development. They are intended to make acceptable developments which would otherwise be unacceptable by offsetting the impact by making local improvements. This is usually achieved through planning conditions. However, if this is not possible, developers may be required to enter into legally binding agreements which can include financial compensatory measures to mitigate such impacts. Planning obligations may be undertaken unilaterally by the developer, or by agreements between the developer and the Local Planning Authority.

Further information on the specific types of developer contributions can be found using the pages above, or the National Planning Policy Framework [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/810197/NPPF_Feb_2019_revised.pdf#page=17%22] and Planning Practice Guidance [https://www.gov.uk/guidance/planning-obligations].

Section 106 agreements

Using powers granted to local planning authorities under section 106 of the Town and Country Planning Act 1990 [http://www.legislation.gov.uk/ukpga/1990/8/section/106], Coventry City Council utilises section 106 agreements to mitigate the negative impacts of developments in the city.

A section 106 agreement contains legally binding planning obligations that an applicant may agree to in order to gain planning permission for a particular site. Planning obligations may only constitute a reason for the granting planning permission if they are:

1. necessary to make the development acceptable in planning terms;
2. directly related to the development; and
3. fairly and reasonably related in scale and kind to the development.

Many types of obligations can be found in section 106 agreements, but they commonly include financial contributions towards infrastructure in the local area.

Further information can be found on the Government website [https://www.gov.uk/guidance/planning-obligations].

Search for a Section 106 agreement

There are currently three ways to search for S106 agreements: the Public Section 106 Folder [https://coventrycc.sharepoint.com/:f:/s/Public-PlanningDocuments/ErMGB6_AZTNPoh0jdryhbsABC1mUmv4B30IMzkjAi0Xh2Q?e=m3iImd], the Online Map [https://www.coventry.gov.uk/planning-2/online-planning-map] or the Planning Portal [https://planandregulatory.coventry.gov.uk/planning/].

Request Section 106 information (paid services)

If you cannot find what you are looking for using the free online resources, we can provide the following services (fees are inclusive of VAT):

• Copy of S106 Agreement
  • £26.00 if you provide a planning reference number
  • £41.00 if you do not provide a planning reference number
• Status of Section 106 obligations: £41.00 per obligation

Please use the S106 online form [http://myaccount.coventry.gov.uk/en/service/s106_Planning_Services] to submit a request.

Community Infrastructure Levy

The Community Infrastructure Levy (CIL) is a fee allowing local authorities to raise funds for local infrastructure such as roads, schools and parks from owners or developers of land undertaking new building projects in their area. It is implemented through the Community Infrastructure Levy Regulations 2010 [https://www.legislation.gov.uk/ukdsi/2010/9780111492390/contents].

Coventry City Council has decided not to implement a CIL regime at this time. In coming to this decision the City Council commissioned several CIL Viability Reports [https://www.coventry.gov.uk/downloads/download/6842/cil_viability_reports] which were presented at a Cabinet member meeting on 9 July 2021.

More information can be found using the Government's Planning Practice Guidance [https://www.gov.uk/guidance/community-infrastructure-levy].

Infrastructure Funding Statement

The Infrastructure Funding Statement [https://www.coventry.gov.uk/downloads/download/7383/infrastructure-funding-statement---current-documents] provides an annual summary of developer contributions relating to Section 106 and CIL Agreements. In the case of Coventry City Council, only Section 106 agreements apply.

As required by The Community Infrastructure Levy (Amendment) (England) (No.2 ) Regulations 2019 [https://www.legislation.gov.uk/uksi/2019/1103/contents/made], an updated statement is published annually to reflect the summary of obligations for each monitoring period.

The reports can be accessed online:

• Current IFS files [https://www.coventry.gov.uk/downloads/download/7383/infrastructure-funding-statement---current-documents]
• Archive IFS files [https://www.coventry.gov.uk/downloads/download/6553/infrastructure-funding-statement]

All data is provided under the Open Government Licence [https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/].