Planning obligations

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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) sets out national policy on developer contributions, development viability and the use of planning conditions and obligations. Planning Practice Guidance (PPG) provides supporting guidance on planning obligations and viability.

In Wales, Planning Policy Wales and Welsh Government guidance set out policy and guidance on the use of planning obligations.

Purpose of planning obligations

Planning obligations are entered into in connection with the grant of planning...

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Precedent s 106 deed of indemnityAGREEMENTrelating toliabilities arising from an agreement made under section 106 of the Town and Country Planning Act 1990 [and [insert other legislation]] in relation to the development at [insert address]This Agreement is made on [insert date]Parties1[insert name]

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