Following the introduction of the Community Infrastructure Levy (CIL), the council revised its Developer Contributions SPD (September 2013). This guidance covers CIL, Planning obligations (Section 106 Agreements) and planning conditions.

The CIL replaces Section 106 contributions for many forms of infrastructure. Section 106 contributions will however continue to be used for site specific infrastructure including affordable housing. Some sites will make both a CIL payment and a Section 106 contribution.

My development is CIL liable and also subject to a S106 Agreement, do I need to pay both?  

Yes. However, in many cases the CIL will be paid on development that does not require a S106 Agreement. There will also be certain types of development that require both the CIL payment and a S106 Agreement (where the threshold for the requirement of a S106 Agreement is triggered).

Why do I still need to complete a S106 Agreement?  

On the adoption of CIL the scope of S106 Agreements was scaled-back to just deal with site specific impacts of new development. Therefore in many cases a S106 Agreement will sit alongside the CIL and will contribute towards the provision of infrastructure and mitigating the impact of new development within the immediate vicinity of the development site. For the details about the relationship between CIL and S106 please refer to Developer Contributions SPD.

My development is not viable if I pay both S106 and CIL, what options are available? 

Although CIL is non-negotiable (unless the development qualifies for certain exception/relief) a viability appraisal can be submitted to review the planning obligations within the S106 Agreement. The council will seek an independent appraisal of any submission for which the cost will be meet by the applicant.

If you require a copy of a Section 106 Agreement you can

  • Use Public access where you can search by application number or address
  • Contact Land Charges - there is a charge for the service

or if you have a question about a discharge of planning obligations within a S106 please contact the Planning Agreements Officer.  Please note there is a charge of £97 for this information.

Planning Agreements Officer
Tel: 023 8083 4247
Email: planning.obligations@southampton.gov.uk