In considering an application for planning permission, the Council uses planning obligations, to assist in addressing the impact of development to make that development acceptable in planning terms.
This can be via a planning agreement entered into under section 106 of the Town and Country Planning Act 1990, or via a unilateral undertaking entered into by the applicant, landowner or developer.
Planning obligations may only constitute a reason for granting planning permission if they meet the tests set out in paragraph 122 of the Community Infrastructure Levy Regulations 2010 (as amended). 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.
Planning obligations are typically used to secure:
- Provision of affordable housing;
- New or improved community facilities, including public open spaces or play areas, educational facilities or health facilities;
- Improved transport facilities, including active travel improvements for cycling and walking; and
- Ecological or habitat improvements.
This list is not exhaustive. Each planning application and section 106 obligation is dealt with individually on its own merits and so restrictions and requirements not on this list may also be needed in specific cases.
For further information and guidance on Planning Obligations please see:
- Planning Obligations - GOV.UK