Section 106 legal agreements

In the past, East Hampshire District Council secured developer contributions through the use of S106 planning obligations. The government introduced CIL in April 2010. This was intended to replace the use of Section 106 funds (S106).

However, S106 contributions may be sought in addition to CIL where site specific measures are required to make a development acceptable. For example affordable housing and specific highway or flood alleviation measures.

The council implemented a CIL Charging Schedule on 8 April 2016 which applies to parts of the District outside of the South Downs National Park.

Any S106 agreements will need to meet the three tests set out in the CIL Regulations 2010 (as amended):

  • Necessary to make the development acceptable in planning terms
  • Directly related to the development
  • Fairly and reasonably related in scale and kind to the development