Housing 

1. The Section 106 Agreement will contain some or all of these terms, subject to site-by-site negotiations:
   • define the amount of affordable housing or, in the case of full permission, specify specific units and detail the breakdown between different tenures
   • require the affordable housing to comprise a mixture of dwelling types in accordance with the latest housing needs survey and housing register data, to be integrated with and indistinguishable from market housing
   • set a timescale for the affordable housing to be provided, usually that it shall be available for occupation by the time a percentage of the market housing is available
   • include a mechanism for selecting an RP, unless another approach has been agreed; limit the rent and outgoings which can be charged to occupants and the price at which an initial share can be sold under a shared ownership arrangement
   • include a mechanism for limiting and selecting the occupants of the affordable housing, which will require supplementary agreements to entered into as follows:
     • the RP or other provider will be required to enter into a nomination agreement; where the provider is not an RP, the S106 Agreement will include provisions governing letting and management arrangements.
   •  provide for the housing to remain affordable in perpetuity, subject to:
     • any statutory right to acquire, buy or ‘staircase’;
     • a mortgagee in possession clause, where the affordable housing is transferred to an RP.
2. The applicant will be required to pay the Council’s reasonable legal costs in connection with the Agreement. The Council’s costs in connection with any related Agreement (e.g. a nomination agreement) shall be paid by the applicant, RP or other provider, depending upon which of those parties is involved in negotiating the terms of that Agreement.
3. Where the Council has refused an application which, if allowed, would have been subject to a requirement for affordable housing, it will endeavour to negotiate a Section 106 Agreement on a ‘without prejudice’ basis, to take effect in the event that an appeal is allowed.
4. In the case of an outline application, the Section 106 Agreement will require the applicant to agree with the Head of Strategic Growth (in practice, delegated to the Strategic Housing Services Manager), prior to the commencement of development, the physical locations, type, layout and tenure of the affordable dwellings. Wyre Forest District Council 32 Affordable Housing Supplementary Planning Document (July 2014) Suggested wording for S106 Agreement on Outline Permission B
5. The agreement will require the applicant to notify the Director of Strategic Growth of the anticipated date(s) when the affordable housing will be available for occupation, a specified period(s) in advance.
6. Section 106 Agreements will include mechanisms to record when key stages are reached in the development and requirements are triggered.

In addition to the terms set out above, the District Council reserves the right to include any additional terms considered appropriate to the specific site.