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Section 106 planning obligations
Find out more about planning obligations in North Norfolk, including what they are and how to access and view them in our database.
Section 106 planning obligations, often referred to as S106 agreements, are legal agreements made under Section 106 of the Town and Country Planning Act 1990 between a local planning authority and a landowner or developer. They are used to secure infrastructure, facilities and other measures required to make development acceptable in planning terms. These agreements can secure affordable housing, open space, habitat mitigation, community facilities, and financial contributions towards local infrastructure and services.
North Norfolk District Council monitors Section 106 obligations to make sure the commitments made through planning permissions are delivered in accordance with the legal agreement.
The Council aims to provide a comprehensive picture of how developer contributions are secured, monitored, allocated and spent to support infrastructure and services across North Norfolk.
When can planning obligations be sought?
Planning obligations can only be sought where they are necessary to make a development acceptable in planning terms and meet the statutory tests set out in national legislation.
A planning obligation must be:
- 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.
Who receives Section 106 contributions?
Not all Section 106 contributions are paid directly to North Norfolk District Council.
Depending on the purpose of the contribution and the requirements of the legal agreement, payments may be made directly to the organisation responsible for delivering the infrastructure or services. Examples include:
- education contributions paid to Norfolk County Council
- highways and transport contributions paid to Norfolk County Council
- library contributions paid to Norfolk County Council
- other contributions paid directly to a specified service provider or delivery body
Where North Norfolk District Council receives and manages Section 106 contributions, these funds are monitored and allocation in accordance with the terms of the relevant legal agreement.
Monitoring planning obligations
North Norfolk District Council actively monitors Section 106 obligations to make sure that obligations are delivered in accordance with the legal agreement. This includes:
- monitoring payment triggers and due dates
- tracking financial and non-financial obligations
- monitoring affordable housing delivery
- recording obligations against planning permissions
- making sure contributions are allocated and spent appropriately
- reporting developer contributions through statutory returns and public reporting
Monitoring helps make sure that developments provide the infrastructure and community benefits agreed as part of the planning permission.
Indexation
Many financial contributions secured through Section 106 agreements are subject to indexation. This makes sure that the value of a contribution is maintained between the date the agreement is completed and the date the payment is received.
The method of indexation will be specified within the relevant legal agreement.
Viewing Section 106 information
North Norfolk District Council uses the Public Facing Module (PFM) within the Exacom system to provide public access to information relating to Section 106 planning obligations that are monitored by the Council.
The PFM provides transparency by allowing residents, parish councils, developers, and other interested parties to view relevant Section 106 agreements and obligations associated with development across North Norfolk.
Important information
The Public Facing Module (PFM) is updated overnight using information recorded up to the close of business on the previous working day.
Any updates made during the current day will not appear in the database until the following day. This includes new agreements, deeds, payments received, expenditure records, trigger updates, allocation decisions and other monitoring activity.
The information displayed within the database should be treated as accurate up to the end of the previous working day and is not a live record.
Access the database
The Public Facing Module allows users to view Section 106 agreements and related information associated with planning permissions across North Norfolk.
What information is available?
The database currently allows users to search by:
- planning application reference
- parish
- town or village
- covenant type, for example, affordable housing, open space, or habitat mitigation
Users can also:
- view Section 106 agreements and deeds
- view schedules and obligations contained within agreements
- review covenant details and trigger points
- search legal binding planning obligations linked to individual developments
- print information from the database
The Public Facing Module primarily contains information relating to obligations monitored by North Norfolk District Council. Contributions managed directly by other organisations may not be fully represented within the system.
Expression of interest for Section 106 funding
North Norfolk District Council welcomes expressions of interest from parish councils, community organisations, infrastructure providers and other eligible bodies seeking funding from available Section 106 contributions.
If you would like to find out whether any funding is available in your area, or if you are aware of a potential project that may benefit from Section 106 funding, please complete the Expression of Interest form below and a member of the team will be in touch.
Complete the Expression of Interest form
Submitting an expression of interest does not guarantee that funding is available or that funding will be awarded. Requests will be assessed against the terms of the relevant legal agreement and the availably of funds.
Frequently asked questions
Are Section 106 agreements public documents?
Yes. Section 106 agreements form part of the planning application record and are available for public inspection.
Can a Section 106 agreement be changed?
In some circumstances, a Section 106 agreement can be amended. This is normally achieved through a deed of variation or other procedures permitted by legislation.
Why can I not see all contributions relating to a development?
Some Section 106 contributions are paid directly to other organisations, such as Norfolk County Council, rather than North Norfolk District Council. As a result, information relating to these contributions may not be fully represented within the Public Facing Module (PFM).
Why do some older agreements show education or library contributions within the Public Facing Module (PFM)?
When the Public Facing Module (PFM) was originally established, some education and library contributions were incorrectly shown as being received by North Norfolk District Council. These contributions were paid directly to Norfolk County Council in accordance with the relevant Section 106 agreement.
This issue has since been corrected and new records display the appropriate recipient organisation. The correction does not affect the payment, monitoring or allocation of the contributions themselves.
How often is the Public Facing Module updated?
The Public Facing Module is updated overnight using information recorded up to the close of business on the previous working day. Updates made during the current day will not appear until the following day's update.
How can I find out whether funding is available for a local project?
If you have identified a project that may benefit from Section 106 funding, please complete the Expression of Interest form. A member of the team will review your enquiry and contact you if funding opportunities may be available.
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