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CIL and S106 agreements

Information regarding the uses of S106 agreements

Funding sources

CIL and S106 planning obligations are separate infrastructure funding sources.

S106 agreements address site-specific mitigation required to make a new development acceptable in planning terms. Whilst CIL addresses the broader impacts of the development.

Some developments may attract both CIL liability and S106 obligations. But there should be no circumstances where a developer is paying CIL and S106 for the same infrastructure in relation to the same development.

S106 agreements will continue to be used:

  • to secure affordable housing
  • to mitigate site-specific issues
  • to address other policy requirements (for example, employment, archaeology and carbon offsetting contributions)

Infrastructure

The Planning Act 2008 defines infrastructure as including the following:

  • roads and other transport facilities
  • flood defences
  • schools and other educational facilities
  • medical facilities,
  • sporting and recreational facilities
  • open spaces

Further information

For further clarification please contact our CIL Officer: