Sample wordings for Section 106 Agreements

11/01/10 Sample wordings for Section 106 Agreements11. IntroductionTravel plans should ideally be secured via Section 106 Agreements in order to ensure that theyare implemented as planned. The wording used in S106 Agreements can vary widely and theissues / items referred to as part of the Agreement can also be diverse.This note sets out sample wordings for Section 106 Agreements that are considered to begood practice, and also clauses which have been used by local planning authorities across thecountry (within and outside London). The purpose of the note is to illustrate the wide varietyof wording used, to illustrate how agreements can be used to secure very specific things, andalso to highlight examples which are considered to be best practice. It is important to notehowever that the examples presented are not exhaustive, and that any agreement will need tobe adapted to suit the circumstances of any particular case, utilising the relevant legal advice toensure that they are appropriate and robust.The examples presented in this note have primarily been drawn from the following sources:• Department for Transport’s good practice guidelines: Good practice Guidelines for deliveringtravel plans through the planning process;• Transport for London’s Guidance for workplace travel planning for development;• Warwickshire County Council’s practice note for developers: Specimen clauses for a Section106 planning obligation;• London Borough of Hillingdon’s pre-application advice note and S106 wording extract;• London Borough of Sutton’s Supplementary Planning Document: Transport Assessments andTravel Plans’.2. Good practice s106 clausesDepartment for TransportGood practice Guidelines for delivering travel plans through the planning process publishedby the DfT in April 2009 recommends that planning obligations should clearly set out thefollowing:• the overall outcomes to be achieved by the travel plan;• the indicators and targets;• measures to be implemented (depending on the type of travel plan and stage reached);• the process by which such indicators and related targets, and any other measures, are to bedetermined, if not already set out in the travel plan;• the process for the monitoring and review of such indicators and related targets, and othermeasures;