Draft Planning Obligation (S106 Agreement)
Last updated October 29, 2026.
Local validation checklist code B4
When you'll need to provide this
You may need to include this if you're submitting your planning application to either Swale or Maidstone borough councils.
For applications submitted to either Swale or Maidstone borough councils
These requirements apply to applications sumittted to either Swale or Maidstone borough councils.
Where a Planning Obligation/S106 Agreement is likely to be required.
Typical proposals
The draft planning obligation (s106 agreement) planning application requirement is typically needed when you're proposing to do any of the following:
New housing development; Commercial development; Industrial or warehouse developmentWhat you'll need to provide
What you'll need to include in your application
For applications submitted to Maidstone Borough Council
A template S106, for Maidstone Borough Council, can be found at: https://maidstone.gov.uk/home/primary-services/planning-and- building/planning/section-106s It is suggested to submit as a minimum draft heads of term.
For applications submitted to Swale Borough Council
Draft Heads of Terms.
Why we need you to provide this
Why we need you to include this in your application.
For applications submitted to either Swale or Maidstone borough councils
Planning obligations (or "Section 106 Agreements") are private agreements negotiated between local planning authorities and persons with an interest in a piece of land (or "developers") and are intended to make acceptable development which would otherwise be unacceptable in planning terms.
Where there are planning policies that give details of likely planning obligation requirements, a draft Section 106 Agreement should be submitted. Further advice is available at https://www.gov.uk/guidance/planning-obligations