Planning obligations

Introduction

New development often creates a need for additional infrastructure or improved community services and facilities, without which there could be a detrimental effect on local amenity and the quality of the environment.  Planning obligations are the mechanism used to secure these measures.

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What is a planning obligation?

A planning obligation is a legally binding agreement secured under Section 106 of the 1990 Town and Country Planning Act.  These agreements are regularly referred to as Planning Agreements or Section 106 Agreements.

They require a developer/landowner to:

• undertake certain works, or
• to contribute financially towards the provision of measures to mitigate the negative impacts of their development.

The council's approach to planning obligations is set out in a Supplementary Planning Document - SPD 4 Achieving Positive Planning through the use of Planning Obligations - see the related links section below.

All applicants considering submitting a major planning application (10 or more residential units or commercial development over 1000m²) should refer to this SPD prior to submitting their application.

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What happens if planning obligations are needed?

Where planning obligations are needed, a Planning Agreement, drafted by the council's Legal Services Team and entered into by the council and the developer/landowner will usually be appropriate. 

However, there will be occasions where the use of Unilateral Undertakings can assist in ensuring that planning permissions are granted speedily, which benefits both the applicant and us.

A Unilateral Undertaking is a simplified version of a Planning Agreement and is only entered into by the landowner.  It will only be appropriate in certain circumstances.

Advice on when a Unilateral Undertaking may be appropriate, along with a Unilateral Undertaking template and guidance on its completion is available below - see related documents below.

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