Planning obligations / section 106 agreements

Approval of CIL

The Harrogate District Community Infrastructure Levy Charging Schedule was approved at Full Council on 8 July 2020. The charging schedule will be implemented from 1 October 2020 and under normal circumstances, any application determined on or after the implementation date (1 October) would be subject to assessment against the CIL charging schedule regardless of when it was submitted. However due to the current coronavirus pandemic, the council is introducing the following transition arrangements:

  • applications submitted after the approval date of 8 July 2020 and determined on or after the 1 October 2020 will be liable for CIL (if meeting the criteria under the charging schedule)
  • applications submitted after the adoption date of 8 July 2020 and determined before the 1 October 2020 will not be liable for CIL
  • all existing valid applications in the system on 8 July 2020 but not yet determined will not be liable for CIL even if they are determined on or after the 1 October
  • all reserved matters applications determined on or after the 1 October 2020 will not be liable for CIL if the outline was determined before that date

Over the next few months, the council will be working to update the website with all relevant CIL information, forms, guidance notes etc. If you have any queries please contact the S106 and CIL delivery officer at planningobligations@harrogate.gov.uk or 01423 556578.


Planning obligations are legal obligations entered into to mitigate the impacts of a development proposal. Planning obligations to provide or contribute towards new infrastructure associated with a development are also commonly referred to as 'section 106' agreements.

We are making changes to how we deal with planning obligations / section 106 agreements to improve the decision-making process on planning applications.

As a key part of the new process, draft heads of terms for planning obligations will now be required at the validation stage of relevant applications. The submission of the draft heads of terms at this stage will help prevent delays in finalising those planning applications that are granted subject to the completion of planning obligation agreements.

Relevant applications where draft heads of terms will be required will normally include applications for all major development or schemes where there are any off-site mitigation measures identified, most notably when off-site highway improvements are required. Further details can be found by visiting the planning obligations draft heads of terms page and in the local policies and supplementary planning documents (SPDs).

A model heads of terms template for planning obligations has been prepared. This template may be negotiable and can be adapted to suit the specific circumstances of each case.

In order to resolve the content of draft heads of terms for planning obligations, applicants are strongly encouraged to use our pre-application advice service. Pre-application discussions can prevent delays in finalising those planning applications that are granted subject to the completion of planning obligation agreements.

Work is also commencing on an update of the supplementary planning guidance on the provision of open space and village halls.

Reporting on planning obligations

Information relating to the operation of planning obligations is published annually alongside information relating to the community infrastructure levy (CIL) in the infrastructure funding statement (IFS). Further information is available on the infrastructure funding statement page.

Section 106 monitoring fees

The monitoring of Section 106 (s106) agreements is costly and requires significant resource. The council charges monitoring fees per covenant in relation to S106 contributions as allowed by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019.

From 1 April 2021, the council will charge the following monitoring fees:

Band 1: 1 - 5 dwellings or up to 1ha of land
Percentage increase - 0%
Monitoring fee per covenant - £245

Band 2: 6 - 10 dwellings or up to 3ha of land
Percentage increase - 20%
Monitoring fee per covenant - £245 x 1.2 = £294

Band 3: 11 - 49 dwellings or up to 10ha of land
Percentage increase - 40%
Monitoring fee per covenant - £245 x 1.4 = £343

Band 4: 50+ dwellings or more than 10ha of land
Percentage increase - 80%
Monitoring fee per covenant - £245 x 1.8 = £441

The monitoring fee is to be paid at completion of the s106 legal deed, to enable the council to cover the costs of monitoring the commencement of development.

The fee is based on a charge per obligation/covenant that is adjusted depending on the size of the development. This fee reflects the average hours spent on monitoring by the S106 and CIL delivery officer, the number of covenants in the Section 106 agreement and the size of the development. A percentage increase has been applied for different size thresholds reflecting the additional monitoring time required (including varying triggers, instalments of payment and need for site visits/inspections, length of monitoring etc).

Administrative/monitoring fees for unilateral undertakings

Where an applicant submits a unilateral undertaking using the Harrogate Borough Council standard form (SPUR), there is an administration and monitoring fee of £200.

Fees will be periodically reviewed to ensure the administrative costs associated with monitoring and managing developer contributions are covered by the fee.