Developer requirements

The development of new housing increases the number of people living in an area. This affects the demand on local services, such as schools, parks, and transport. To address this impact, we can use legal agreements (known as Section 106 agreements and Unilateral Undertakings) to secure acceptable development.

As a developer you must fulfil the obligations in these agreements. These can be financial contributions for services, for example education, or non financial such as the provision of affordable housing. 

Planning protocol

Our planning protocol has 4 commitments which promote collaborative working between developers and local authorities.

Find out more about our planning protocol

Medway Guide to Developer Contributions and Obligations

The Medway Guide to Developer Contributions and Obligations (2018) was adopted by Cabinet on 8 May 2018. This Supplementary Planning Document (SPD) provides information on what you need to take into account before submitting a planning application for 10 units or more.

View the Medway Guide to Developer Contributions and Obligations (2018)

Waste management requirements

Our waste management guide has information for developers about waste storage facilities.

Read our waste management requirement guide

Bird contributions

New developments can disturb birds. So if you're planning works in North Kent we're likely to ask you for a contribution of £245.56 per dwelling. You'll need to pay this to us to help resolve the disturbance issues. This fee is subject to indexation and will increase annually.

Entering into either the Strategic Access Management and Monitoring Strategy (SAMMS) Mitigation Contribution Agreement or Unilateral Undertaking will make sure that the scheme complies with the objectives of Paragraph 175 and 176 of the National Planning Policy Framework (NPPF), and Policies S6 and BNE35 of the Medway Local Plan 2003.

Or you could also submit information to allow an appropriate assessment to be done by the local planning authority in consultation with Natural England.

For either option you need to submit the necessary information early enough to ensure the application process is not delayed or refused.

Find out more about mitigating bird disturbance

Mitigation methods

Option 1: SAMMS Mitigation agreement and contribution for proposals of 9 units or less

You will need to do this before your application is determined.

You must:

  • accept the terms of the SAMMS agreement
  • make a financial contribution of £245.56 per additional dwelling or room

Agree and pay SAMMS

Option 2: Unilateral Undertaking (UU) for proposals of 9 units or less

You will need to do this before your application is determined. 

You must:

  • email the completed and signed Unilateral Undertaking to s106@medway.gov.uk
  • submit the land registry document relating to the application site with the Unilateral Undertaking 
  • pay the legal and monitoring costs of £550 when you submit the Unilateral Undertaking
  • pay a financial contribution of £245.56 per additional dwelling or room before the start of development

You can pay by calling 01634 331 700.

10 units or more

For proposals of 10 or more units, you should include the SAMMS Mitigation contribution within the Section 106 Agreement, along with other contributions that we may request in line with the Guide to Developer Contributions 2018.

How contributions are spent

Find out how contributions will be collected and spent

Find out more about the Bird Wise scheme

Town and Country Planning Act (Section 106)

Section 106 of the Town and Country Planning Act 1990 requires you to enter into an agreement with us to make financial contributions to reduce the impact of your development on the local community.

Depending on your application you might need to:

Email your completed documents to us at s106@medway.gov.uk

We are not a Community Infrastructure Levy (CIL) Charging Authority.

If you have any questions, contact our Section 106 Officer by phone 01634 306 000 or by email s106@medway.gov.uk

Affordable housing - commuted sums

A commuted sum is an amount of money paid by a developer to the council. You will need to pay this sum if the size or scale of a development means it triggers a need for affordable housing but it is not possible for the developer to deliver affordable housing on site.

The sum will be used to provide affordable housing on an alternative site in the local authority. We will seek independent scrutiny of all sums to ensure that the assumptions within it can be agreed in terms of the payment. Payments for advice like this will be funded by the developer, and we will then decide whether to accept a financial contribution rather than on site provision.

Download the Utilisation of commuted sums policy

Download the Commuted sums bid proforma