Your Rights: Section 106 and Planning Obligations

Developer contributions exist to benefit communities affected by new development. As a resident, you have concrete rights to see how this money is managed. You can view the agreements, track the spending, challenge inaction, and hold your council accountable. None of this requires a law degree — just knowing where to look and what to ask.

Viewing Section 106 agreements

Section 106 agreements are registered as local land charges against the development site. They are public documents. You can view them through the council's planning register, usually by searching for the planning application reference number.

Most councils publish planning applications and associated documents online. Look for the “documents” tab on the planning application page — the S106 agreement (sometimes called a “planning obligation” or “legal agreement”) should be listed there. If it isn't online, you can request to view it at the council offices or ask for a copy.

Freedom of Information requests

Under the Freedom of Information Act 2000, you have the right to request information held by your council. This includes Section 106 financial records, spending details, and any internal reports on developer contributions.

The council must respond within 20 working days. They can refuse only if a specific exemption applies (such as commercial confidentiality during active negotiations), and they must explain why. In practice, most S106 financial data is straightforward to release because it relates to public spending on public infrastructure.

You can submit FOI requests through the council's website or via services like WhatDoTheyKnow.com, which publishes requests and responses publicly.

Commenting on planning applications

When a developer applies for planning permission, the council must publicise the application and invite comments. This is your opportunity to influence what Section 106 obligations are attached to the permission. If you think a development will strain local schools, increase traffic, or reduce green space, say so during the consultation period. The council's planning officers consider these comments when negotiating the S106 agreement with the developer.

Comments carry more weight when they relate to material planning considerations and cite specific impacts. “This development will generate 50 additional primary school children based on the council's own pupil yield formula” is more useful than “this will ruin our area.”

Viewing the Infrastructure Funding Statement

Since December 2020, every council must publish an annual Infrastructure Funding Statement reporting all developer contributions received, spent, and held. This is the single best document for understanding how your council handles S106 money.

The IFS must be published by 31 December each year, covering the previous financial year. If your council hasn't published one, they are in breach of the Community Infrastructure Levy Regulations 2010 (as amended). You can raise this with your local councillor or report it to the Planning Inspectorate.

Or you can search for your council on s106 Tracker and we'll show you the key numbers in a clear format.

Reporting unmet obligations

If a developer has not met their Section 106 obligations — for example, they haven't delivered the promised affordable housing or haven't made a required payment — the council has the power to enforce. S106 agreements are legally binding. The council can take enforcement action, including injunctions.

If you believe a developer is in breach of a S106 agreement, contact the council's planning enforcement team. Most councils have an online form for reporting planning breaches. Include the planning reference number and the specific obligation you believe has been breached.

If the council itself is failing to enforce, you can escalate to your local councillor, your MP, or the Local Government and Social Care Ombudsman. The Ombudsman investigates complaints about maladministration by councils, which can include failure to enforce S106 agreements or failure to spend developer contributions for their intended purpose.

Parish and neighbourhood councils

If your area has a parish council or neighbourhood forum, they have a direct stake in developer contributions. Under the CIL regulations, 15% of CIL receipts (or 25% where there is a neighbourhood plan) must be passed to the parish council for the area where the development took place. This is known as the “neighbourhood share.”

Parish councils must use this money for “the provision, improvement, replacement, operation or maintenance of infrastructure” or “anything else that is concerned with addressing the demands that development places on an area.” That is a broad remit. Ask your parish council how they are spending their neighbourhood share.

What to do if you think S106 money has been misused

Section 106 contributions are legally restricted to the purposes specified in the agreement. If a council spends S106 money on something outside the agreement's terms, that is potentially unlawful. Steps you can take:

  1. Check the agreement. Request a copy of the S106 agreement through the planning register or an FOI request. Read what the money was supposed to be spent on.
  2. Check the IFS. See where the council reports the money has gone. Compare this with the agreement terms.
  3. Raise it with the council. Write to the head of planning or your local councillor, citing the specific agreement clause and the apparent misuse.
  4. Contact the Ombudsman. The Local Government and Social Care Ombudsman can investigate if you believe the council has acted improperly.
  5. Involve the developer. If contributions have been misused, the developer may also have an interest in enforcing the agreement terms. Some agreements give developers the right to reclaim money spent outside the agreed purposes.

Frequently Asked Questions

Can I attend planning committee meetings where S106 terms are decided?

Yes. Planning committee meetings are open to the public. S106 heads of terms are often discussed when major applications come to committee. You can also register to speak at many councils — check your council's website for their public speaking rules. The detailed S106 agreement is usually delegated to officers after the committee grants permission, but the key terms are set at the committee stage.

What if a developer claims the S106 contribution makes the scheme unviable?

Developers can submit viability assessments arguing that the S106 obligations should be reduced. Since 2018, viability assessments submitted to councils must be made publicly available (with limited redactions for genuine commercial confidentiality). You can review these assessments and challenge the assumptions. The National Planning Policy Framework says the price paid for land should reflect the costs of policy compliance, including S106 contributions.

Are there time limits on how long a council can hold S106 money?

Most S106 agreements include clawback clauses requiring the money to be spent within 5 to 10 years of receipt. If the council fails to spend it in time, the developer can claim it back. Some older agreements have no time limit, but this is increasingly rare. Check the specific agreement for the terms that apply.