Section 106 agreements

We can provide reports on the current status of Section 106 agreements.

Section 106 agreements are negotiated between the council and developers during the planning application process to offset the negative impacts of the development. Things a developer may have to consider as part of the agreement include:

  • providing affordable housing
  • improving community facilities including open spaces, schools and recreation facilities
  • improving local transport facilities, highways and public rights of way
  • taking specific steps to lessen the impact on the local area including introducing parking restrictions, landscaping and noise insulation
  • offering local employment and training strategies

Once a Section 106 agreement is in place it will apply to that development, even if someone else buys it. 

Section 106 money is spent in accordance with the terms of the legal agreement that was entered into when planning permission was granted. In some cases the legal agreements are specific but in others there is some flexibility. The reason for this flexibility is to ensure monies can be used to deliver large scale schemes that serve a wider area rather than just being confined to local schemes serving a smaller area.

When there is some flexibility within the legal agreement, proposals are assessed against six criteria by a strategic panel of senior officers and councillors. This ensures that each proposal is considered objectively and the council makes best use of the monies received. The criteria is as follows:

  • the extent to which the proposal meets the council’s strategic objectives
  • the amount of match funding that the Section 106 contribution can lever in
  • whether the scheme generates a future income stream or cost saving for the council
  • the deliverability of the proposal
  • the level of community support for the scheme
  • the extent to which the scheme is expected to increase participation/usage

If you need a Section 106 discharge of conditions report, and your property or site is in the Barnsley borough, you can apply for this service using the online form below. We charge a fee to cover our costs. 

Before you begin

Please read the 'how to pay' tab for information about charges for this service and make sure you have any relevant documents listed in the 'what you need' tab.

We need to make sure you’re eligible for this service. Please read the statements below and only continue with your application if you're able to confirm both of them:

  • you're enquiring about a property or site in the Barnsley borough; and 
  • you're requesting this service for yourself, or on behalf of someone who has given you their permission.

We'll only use personal information for the services we provide to you. You can find more on our privacy policy.

What you need

We'll ask you to provide the name and contact details of the person making the request, the address and postcode of the site, and the planning application number of the legal agreement (although this is optional). 

How to pay

We charge £116 (including VAT) for this service.

You need to pay via this application form before we can provide advice.

If you need a VAT receipt you'll need to provide an email address in your application. 

What happens next

Once we’ve received your online application and payment you'll receive a Section 106 report within five working days.