Planning obligations

What are planning obligations?

Agreements made under section 106 of the Town and Country Planning Act 1990 (TCPA 1990), also known as planning obligations, are agreements between developers and local planning authorities (LPAs) that require developers to contribute towards a range of infrastructure and services, such as community facilities, public open space, transport improvements and/or affordable housing. They bind land and are enforceable against successors in title to the original party. They must be necessary to make the development acceptable in planning terms; directly related to the development; and fairly and reasonably related in scale and kind to the development. See Practice Note: Planning obligations—key points.

Guidance

In England, the National Planning Policy Framework (NPPF) provides guidance on the use of planning obligations.

Planning Practice Guidance (PPG) sets out national government guidance on planning obligations.

Purpose of planning obligations

Planning obligations are entered into in connection with the grant of planning permission to make acceptable development which would otherwise be unacceptable in planning terms. They are commonly used to:

•
prescribe the nature of development, eg requiring that a specified portion of

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