Section 106 planning obligations

Legally, a planning obligation must be:

• Necessary 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 which will vary relative to the circumstances involved. These are as follows:

• 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)

Last updated: 30/09/2022 08:24