Enforcement of planning obligations
Enforcement of planning obligations

The following Planning practice note provides comprehensive and up to date legal information covering:

  • Enforcement of planning obligations
  • Who can enforce planning obligations?
  • Who can a planning obligation be enforced against?
  • Leaseholders and option holders
  • Individual house purchasers
  • Enforcement against the LPA for reciprocal obligations
  • Injunction
  • LPA's powers to carry out works in default
  • Debt recovery proceedings
  • Challenging or defending enforcement
  • More...

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak (see: Impact of Coronavirus (COVID-19) on planning obligations in England). For further updates on key developments and related practical guidance on the implications for lawyers, see: Coronavirus (COVID-19)—Planning and the Coronavirus (COVID-19) toolkit.

If, for any reason, a developer fails to meet its obligations in an agreement entered into or binding on it under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) (referred to as a planning obligation/section 106 agreement), the relevant local planning authority (LPA) can take action to enforce the performance of the obligations in the section 106 agreement, as set out further in this Practice Note.

As soon as a developer realises that it is unable to meet obligations in a section 106 agreement it should liaise with the LPA and seek to discharge or modify the obligation. For example, it could seek to reduce a required contribution or negotiate a later trigger date for payment. See Practice Note: Renegotiating planning obligations.

Where this is not possible, and the developer fails to comply with an obligation in a section 106 agreement, the LPA has discretion in deciding whether, and how, to enforce a planning obligation.

There is a general willingness of the courts to enforce section 106 agreements. As was noted

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