Section 106 agreements

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

Section 106 agreements are agreed between us and developers during the planning process.  It offsets the negative impacts of the development. Things a developer may have to consider as part of the agreement include:

  • providing affordable housing
  • improving community spaces. Including open spaces, schools and recreation spaces
  • improving local transport, highways and public rights of way
  • taking specific steps to lessen the impact on the local area. Including setting up parking restrictions, landscaping and noise insulation
  • offering local jobs 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 within the terms of a legal agreement.  This would have been entered into when planning permission was granted. In some cases the legal agreements are specific but in others they are flexible. The reason for this is to ensure monies can be used to deliver large scale schemes.   Serving a wider area rather than just being confined to local schemes serving a smaller area.

When the legal agreement is flexible.  Proposals are assessed against six criteria by a strategic panel of senior officers and councillors. This ensures that each proposal is considered impartial 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 aims
  • the amount of match funding that the Section 106 money can lever in
  • whether the scheme generates a future income stream or cost saving for the council
  • if the proposal can be delivered
  • the level of community support for the scheme
  • the extent to which the scheme is expected to increase use

If you need a Section 106 discharge of conditions report, 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 details about charges for this service. 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 apply 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 details 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.  Also the address and postcode of the site.  Plus the planning application number of the legal agreement (although this is optional). 

How to pay

We charge £125 (including VAT) for this service.

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

If you need a VAT receipt you'll need to provide an email address when you apply. 

What happens next

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