Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Section 106 agreement definition

What does Section 106 agreement mean? A Section 106 agreement is a planning obligation used to secure site-specific mitigation and developer contributions as part of granting planning permission in England and Wales. Created under section 106 of the Town and Country Planning Act 1990, it is a deed between the local planning authority and persons with an interest in the land (or a unilateral undertaking) that controls how land is developed or used, or requires payments, works or land transfers to address impacts (for example, affordable housing, highways works, open space, travel plans and long‑term management). Key features include: it relates to identified land, is registered as...

Section 106 planning obligations and CIL: Regulation 122 tests, Regulation 123 restrictions and their 2019 abolition in England - case law and practice (England and Wales)

Published by a LexisNexis Planning expert

Practice notes

Planning gain or betterment taxation

Planning gain, often called betterment taxation, has been a fixture of England’s planning regime for many years. The principle is that developers should help meet the costs arising from the effects of their schemes, and/or pay a levy on part of the uplift in land value created by securing planning permission, to finance infrastructure needed locally by the development.

Numerous efforts to implement betterment taxation have been tried over time. The most durable and effective mechanism is the agreement made under section 106 of the Town and Country Planning Act 1990 (TCPA 1990), commonly known as a section 106 agreement or planning obligation. Section 106 of the TCPA 1990 permits local planning authorities (LPAs) to obtain both monetary and in-kind contributions from developers when issuing planning consent, so that a proposal is acceptable in planning terms. As section 106 obligations are settled case by case between the LPA and the developer or landowner, they deliver mitigation tailored to the site and tackle local impacts that flow directly from the scale and character of the particular scheme...

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Web page updated on 21/05/2026

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