Section 106 planning obligations

What can planning obligations do?

Legally, a planning obligation must:

  • Be set out to make the proposed development acceptable in planning terms
  • Directly relate to the proposed development
  • Fairly and reasonably relate in scale and kind to the proposed development

There are three general aims to planning obligations:

  • Achieving planning objectives: for example, securing the provision of affordable housing, in line with policies from the development plan
  • Mitigating the impact of development: for example, if a new development would put pressure on the existing education infrastructure, then contributions could be sought towards a new education facility
  • Compensating for loss or damage caused by development: for example, replacement or regeneration (landscape feature of biodiversity value, open space or a right of way)

These aims could vary, relative to the circumstances involved.

Last updated: 20/11/2023 17:26