Planning obligation - Revision history

Editor at 10:21, 28 January 2025

2025-01-28T10:21:29Z

← Older revision		Revision as of 10:21, 28 January 2025
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	On 17 March 2023, the government launched a consultation on the design of a new levy to be paid by developers to replace section 106 contributions for most developments, intended to prevent developers from negotiating down the amount they contribute to the community when they bring forward new projects. Ref [https://www.gov.uk/government/news/new-levy-to-make-sure-developers-pay-fair-share-for-affordable-housing-and-local-infrastructure https://www.gov.uk/government/news/new-levy-to-make-sure-developers-pay-fair-share-for-affordable-housing-and-local-infrastructure]		On 17 March 2023, the government launched a consultation on the design of a new levy to be paid by developers to replace section 106 contributions for most developments, intended to prevent developers from negotiating down the amount they contribute to the community when they bring forward new projects. Ref [https://www.gov.uk/government/news/new-levy-to-make-sure-developers-pay-fair-share-for-affordable-housing-and-local-infrastructure https://www.gov.uk/government/news/new-levy-to-make-sure-developers-pay-fair-share-for-affordable-housing-and-local-infrastructure]
		+
		+	= 2024 =

	= Related articles on Designing Buildings =		= Related articles on Designing Buildings =
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	* Viability test.		* Viability test.

−	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Legislation]] [[Category:DCN_Policy]] [[Category:Planning_permission]] [[Category:Property_law]] [[Category:Property_development]]	+	[[Category:Articles_needing_more_work]] [[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Legislation]] [[Category:DCN_Policy]] [[Category:Planning_permission]] [[Category:Property_law]] [[Category:Property_development]]

Designing Buildings at 11:03, 13 December 2024

2024-12-13T11:03:03Z

← Older revision		Revision as of 11:03, 13 December 2024
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	= Introduction =		= Introduction =

−	The National Planning Policy Framework (NPPF) ~~suggests that a planning obligation is~~, 'a ~~legally enforceable~~ obligation entered into under section 106 of the Town and Country Planning Act 1990 to mitigate the impacts of a development proposal.'	+	The [https://www.gov.uk/government/publications/national-planning-policy-framework--2 National Planning Policy Framework] (NPPF), published by the Ministry of Housing, Communities and Local Government in December 2024, defines a planning obligation as: ‘A legal agreement entered into under section 106 of the Town and Country Planning Act 1990 to mitigate the impacts of a development proposal.’

	Planning obligations (also known as Section 106 Agreements or 'planning gain', and a Section 75 Agreement in Scotland) are obligations attached to land that is the subject of a planning permission. They are used to mitigate or compensate for the negative impacts of a development or to prescribe the nature of a development.		Planning obligations (also known as Section 106 Agreements or 'planning gain', and a Section 75 Agreement in Scotland) are obligations attached to land that is the subject of a planning permission. They are used to mitigate or compensate for the negative impacts of a development or to prescribe the nature of a development.
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	* Section 106 exemption.		* Section 106 exemption.
	* Viability test.		* Viability test.
−
−	~~= External references =~~
−
−	* Adam Roberts Consultancy, Do I Need to Pay Section 106 Contributions?
−	* Gov.uk [https://www.gov.uk/government/news/charges-adding-thousands-of-pounds-to-building-costs-to-be-axed Charges adding thousands of pounds to building costs to be axed 23 March 2014.]
−	* Gov.uk [https://www.gov.uk/government/publications/section-106-affordable-housing-requirements-review-and-appeal Section 106 affordable housing requirements: review and appeal 26 April 2013.]
−	* CLG: [https://www.gov.uk/government/publications/community-infrastructure-levy-guidance Community Infrastructure Levy guidance. December 2012]
−	* Government policy on the use of planning obligations: Circular 05/05.
−	* Department for communities and local government [http://www.communities.gov.uk/documents/planningandbuilding/pdf/1897278.pdf guidance on the relationship between the levy and planning obligations.]
−	* R (on the application of West Berkshire District Council and Reading Borough Council) v Secretary of State for Communities and Local Government [2015] EWHC 2222 (Admin).

	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Legislation]] [[Category:DCN_Policy]] [[Category:Planning_permission]] [[Category:Property_law]] [[Category:Property_development]]		[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Legislation]] [[Category:DCN_Policy]] [[Category:Planning_permission]] [[Category:Property_law]] [[Category:Property_development]]

Designing Buildings at 12:01, 20 March 2023

2023-03-20T12:01:28Z

← Older revision		Revision as of 12:01, 20 March 2023
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	On 6 August 2020, the government published a white paper, Planning for the future, proposing that the system of charging a Community Infrastructure Levy on developments and imposing planning obligations (Section 106 agreements) should be reformed, to create a nationally set, value-based flat rate charge referred to as the ‘Infrastructure Levy’. For more information see: Infrastructure levy.		On 6 August 2020, the government published a white paper, Planning for the future, proposing that the system of charging a Community Infrastructure Levy on developments and imposing planning obligations (Section 106 agreements) should be reformed, to create a nationally set, value-based flat rate charge referred to as the ‘Infrastructure Levy’. For more information see: Infrastructure levy.
		+
		+	== 2023 ==
		+
		+	On 17 March 2023, the government launched a consultation on the design of a new levy to be paid by developers to replace section 106 contributions for most developments, intended to prevent developers from negotiating down the amount they contribute to the community when they bring forward new projects. Ref [https://www.gov.uk/government/news/new-levy-to-make-sure-developers-pay-fair-share-for-affordable-housing-and-local-infrastructure https://www.gov.uk/government/news/new-levy-to-make-sure-developers-pay-fair-share-for-affordable-housing-and-local-infrastructure]

	= Related articles on Designing Buildings =		= Related articles on Designing Buildings =

Designing Buildings at 07:32, 2 May 2022

2022-05-02T07:32:48Z

← Older revision		Revision as of 07:32, 2 May 2022
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−	~~[[File:MK_gov_planning_image.png\|link=File:MK_gov_planning_image.png]]~~
−
	= Introduction =		= Introduction =

	The National Planning Policy Framework (NPPF) suggests that a planning obligation is, 'a legally enforceable obligation entered into under section 106 of the Town and Country Planning Act 1990 to mitigate the impacts of a development proposal.'		The National Planning Policy Framework (NPPF) suggests that a planning obligation is, 'a legally enforceable obligation entered into under section 106 of the Town and Country Planning Act 1990 to mitigate the impacts of a development proposal.'

−	Planning obligations (also known as Section 106 Agreements or 'planning gain') are obligations attached to land that is the subject of a planning permission. They are used to mitigate or compensate for the negative impacts of a development or to prescribe the nature of a development.	+	Planning obligations (also known as Section 106 Agreements or 'planning gain', and a Section 75 Agreement in Scotland) are obligations attached to land that is the subject of a planning permission. They are used to mitigate or compensate for the negative impacts of a development or to prescribe the nature of a development.

	They are intended to make acceptable developments which would otherwise be unacceptable by offsetting the impact by making local improvements. Because they apply to the land not the applicant, planning obligations transfer with the land to future owners of the site.		They are intended to make acceptable developments which would otherwise be unacceptable by offsetting the impact by making local improvements. Because they apply to the land not the applicant, planning obligations transfer with the land to future owners of the site.
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	* Planning permission.		* Planning permission.
	* R (on the application of West Berkshire District Council and Reading Borough Council) v Secretary of State for Communities and Local Government.		* R (on the application of West Berkshire District Council and Reading Borough Council) v Secretary of State for Communities and Local Government.
		+	* Section 75 Agreement.
	* Section 106 consultation.		* Section 106 consultation.
	* Section 106 exemption.		* Section 106 exemption.

Editor at 17:34, 17 January 2022

2022-01-17T17:34:57Z

← Older revision		Revision as of 17:34, 17 January 2022
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	* Delegated powers.		* Delegated powers.
	* Developer contributions.		* Developer contributions.
		+	* Development proposal DP.
	* Planning conditions.		* Planning conditions.
	* Planning fees.		* Planning fees.

Designing Buildings at 11:30, 15 December 2021

2021-12-15T11:30:56Z

← Older revision		Revision as of 11:30, 15 December 2021
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	On 6 August 2020, the government published a white paper, Planning for the future, proposing that the system of charging a Community Infrastructure Levy on developments and imposing planning obligations (Section 106 agreements) should be reformed, to create a nationally set, value-based flat rate charge referred to as the ‘Infrastructure Levy’. For more information see: Infrastructure levy.		On 6 August 2020, the government published a white paper, Planning for the future, proposing that the system of charging a Community Infrastructure Levy on developments and imposing planning obligations (Section 106 agreements) should be reformed, to create a nationally set, value-based flat rate charge referred to as the ‘Infrastructure Levy’. For more information see: Infrastructure levy.

−	= Related articles on Designing Buildings ~~Wiki~~ =	+	= Related articles on Designing Buildings =

	* Affordable housing.		* Affordable housing.
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	= External references =		= External references =

−	* ~~[http://www.adamrobertsltd.co.uk/section-106-agreements/do-i-need-to-pay-section-106-contributions/~~ Adam Roberts Consultancy, Do I Need to Pay Section 106 Contributions]?	+	* Adam Roberts Consultancy, Do I Need to Pay Section 106 Contributions?
	* Gov.uk [https://www.gov.uk/government/news/charges-adding-thousands-of-pounds-to-building-costs-to-be-axed Charges adding thousands of pounds to building costs to be axed 23 March 2014.]		* Gov.uk [https://www.gov.uk/government/news/charges-adding-thousands-of-pounds-to-building-costs-to-be-axed Charges adding thousands of pounds to building costs to be axed 23 March 2014.]
	* Gov.uk [https://www.gov.uk/government/publications/section-106-affordable-housing-requirements-review-and-appeal Section 106 affordable housing requirements: review and appeal 26 April 2013.]		* Gov.uk [https://www.gov.uk/government/publications/section-106-affordable-housing-requirements-review-and-appeal Section 106 affordable housing requirements: review and appeal 26 April 2013.]

Designing Buildings at 12:52, 7 September 2020

2020-09-07T12:52:05Z

← Older revision		Revision as of 12:52, 7 September 2020
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	* Community infrastructure levy.		* Community infrastructure levy.
	* Consultation process.		* Consultation process.
		+	* Contingent obligation.
	* Deemed discharge of planning conditions.		* Deemed discharge of planning conditions.
	* Delegated powers.		* Delegated powers.
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	* R (on the application of West Berkshire District Council and Reading Borough Council) v Secretary of State for Communities and Local Government [2015] EWHC 2222 (Admin).		* R (on the application of West Berkshire District Council and Reading Borough Council) v Secretary of State for Communities and Local Government [2015] EWHC 2222 (Admin).

−	[[Category:Planning_permission]] [[Category:Property_law]] [[Category:Property_development]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Legislation]] [[Category:DCN_Policy]] [[Category:Planning_permission]] [[Category:Property_law]] [[Category:Property_development]]

Designing Buildings at 10:47, 7 August 2020

2020-08-07T10:47:19Z

← Older revision		Revision as of 10:47, 7 August 2020
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	In November 2015, then Planning Minister Brandon Lewis wrote to local authorities reminding them that they should be flexible in their requirements for section 106 agreements, taking into account specific site circumstances and changing circumstances. (Ref[http://offlinehbpl.hbpl.co.uk/NewsAttachments/RLP/Ministerial_Letter9_November_2015.pdf . Impact] [http://offlinehbpl.hbpl.co.uk/NewsAttachments/RLP/Ministerial_Letter9_November_2015.pdf of social rent changes on the delivery of affordable housing], 9 November 2015.)		In November 2015, then Planning Minister Brandon Lewis wrote to local authorities reminding them that they should be flexible in their requirements for section 106 agreements, taking into account specific site circumstances and changing circumstances. (Ref[http://offlinehbpl.hbpl.co.uk/NewsAttachments/RLP/Ministerial_Letter9_November_2015.pdf . Impact] [http://offlinehbpl.hbpl.co.uk/NewsAttachments/RLP/Ministerial_Letter9_November_2015.pdf of social rent changes on the delivery of affordable housing], 9 November 2015.)

−	= 2018 =	+	== 2018 ==

	In December 2018, the government opened a consultation on changes to developer contribution rules intended to speed up housing delivery.		In December 2018, the government opened a consultation on changes to developer contribution rules intended to speed up housing delivery.
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	For more information see: Developer contributions.		For more information see: Developer contributions.

−	= Small sites exemption =	+	== Small sites exemption ==

	On 23 March 2014, the government launched a consultation to consider scrapping Section 106 charges for self-builders, homeowners, developers wanting to bring redundant buildings back into use and builders on small sites (10 units or 1,000 sqm gross floor area). It was claimed that these charges can make such developments economically unviable. Rural Exception Sites, often only permitted on the basis that affordable housing will be made available, would not be affected (ref. Gov.uk [https://www.gov.uk/government/news/charges-adding-thousands-of-pounds-to-building-costs-to-be-axed Charges adding thousands of pounds to building costs to be axed 23 March 2014).]		On 23 March 2014, the government launched a consultation to consider scrapping Section 106 charges for self-builders, homeowners, developers wanting to bring redundant buildings back into use and builders on small sites (10 units or 1,000 sqm gross floor area). It was claimed that these charges can make such developments economically unviable. Rural Exception Sites, often only permitted on the basis that affordable housing will be made available, would not be affected (ref. Gov.uk [https://www.gov.uk/government/news/charges-adding-thousands-of-pounds-to-building-costs-to-be-axed Charges adding thousands of pounds to building costs to be axed 23 March 2014).]
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	A spokesman for the Department for Communities and Local Government said that they would be seeking permission to appeal against the judge’s decision. See R (on the application of West Berkshire District Council and Reading Borough Council) v Secretary of State for Communities and Local Government for more information.		A spokesman for the Department for Communities and Local Government said that they would be seeking permission to appeal against the judge’s decision. See R (on the application of West Berkshire District Council and Reading Borough Council) v Secretary of State for Communities and Local Government for more information.
		+
		+	== 2020 ==
		+
		+	On 6 August 2020, the government published a white paper, Planning for the future, proposing that the system of charging a Community Infrastructure Levy on developments and imposing planning obligations (Section 106 agreements) should be reformed, to create a nationally set, value-based flat rate charge referred to as the ‘Infrastructure Levy’. For more information see: Infrastructure levy.

	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =

Designing Buildings at 14:00, 20 March 2019

2019-03-20T14:00:34Z

← Older revision		Revision as of 14:00, 20 March 2019
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	* Gov.uk [https://www.gov.uk/government/publications/section-106-affordable-housing-requirements-review-and-appeal Section 106 affordable housing requirements: review and appeal 26 April 2013.]		* Gov.uk [https://www.gov.uk/government/publications/section-106-affordable-housing-requirements-review-and-appeal Section 106 affordable housing requirements: review and appeal 26 April 2013.]
	* CLG: [https://www.gov.uk/government/publications/community-infrastructure-levy-guidance Community Infrastructure Levy guidance. December 2012]		* CLG: [https://www.gov.uk/government/publications/community-infrastructure-levy-guidance Community Infrastructure Levy guidance. December 2012]
−	* Planning Portal [http://www.planningportal.gov.uk/planning/applications/decisionmaking/conditionsandobligations guidance on planning obligations].
	* Government policy on the use of planning obligations: Circular 05/05.		* Government policy on the use of planning obligations: Circular 05/05.
−	* Planning portal:[http://www.planningportal.gov.uk/planning/applications/howtoapply/whattosubmit/cil The Community Infrastructure Levy]
−	* Planning portal:[http://www.planningportal.gov.uk/uploads/cil_summary.pdf Community Infrastructure Levy Summary]
−	* Planning portal: [http://www.planningportal.gov.uk/uploads/cil_overview.pdf Community Infrastructure Levy Overview.]
	* Department for communities and local government [http://www.communities.gov.uk/documents/planningandbuilding/pdf/1897278.pdf guidance on the relationship between the levy and planning obligations.]		* Department for communities and local government [http://www.communities.gov.uk/documents/planningandbuilding/pdf/1897278.pdf guidance on the relationship between the levy and planning obligations.]
	* R (on the application of West Berkshire District Council and Reading Borough Council) v Secretary of State for Communities and Local Government [2015] EWHC 2222 (Admin).		* R (on the application of West Berkshire District Council and Reading Borough Council) v Secretary of State for Communities and Local Government [2015] EWHC 2222 (Admin).

	[[Category:Planning_permission]] [[Category:Property_law]] [[Category:Property_development]]		[[Category:Planning_permission]] [[Category:Property_law]] [[Category:Property_development]]

Designing Buildings at 12:31, 20 December 2018

2018-12-20T12:31:05Z

← Older revision		Revision as of 12:31, 20 December 2018
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	= Reform =		= Reform =
		+
		+	== 2014 ==

	On 4 December 2014, the Chancellor announced in the Autumn Statement that the government would be; '...taking steps to speed up section 106 negotiations, including revised guidance, consulting on a faster process for reaching agreement, considering how timescales for agreement could be introduced, and improving transparency on the use of section 106 funds.'		On 4 December 2014, the Chancellor announced in the Autumn Statement that the government would be; '...taking steps to speed up section 106 negotiations, including revised guidance, consulting on a faster process for reaching agreement, considering how timescales for agreement could be introduced, and improving transparency on the use of section 106 funds.'
		+
		+	== 2015 ==

	A consultation was launched in February 2015 seeking views on proposals to speed up section 106 agreements. The consultation closed on 19 March 2015 and the [https://www.gov.uk/government/consultations/section-106-planning-obligations-speeding-up-negotiations government response was published a week later on 25 March.]		A consultation was launched in February 2015 seeking views on proposals to speed up section 106 agreements. The consultation closed on 19 March 2015 and the [https://www.gov.uk/government/consultations/section-106-planning-obligations-speeding-up-negotiations government response was published a week later on 25 March.]
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	In November 2015, then Planning Minister Brandon Lewis wrote to local authorities reminding them that they should be flexible in their requirements for section 106 agreements, taking into account specific site circumstances and changing circumstances. (Ref[http://offlinehbpl.hbpl.co.uk/NewsAttachments/RLP/Ministerial_Letter9_November_2015.pdf . Impact] [http://offlinehbpl.hbpl.co.uk/NewsAttachments/RLP/Ministerial_Letter9_November_2015.pdf of social rent changes on the delivery of affordable housing], 9 November 2015.)		In November 2015, then Planning Minister Brandon Lewis wrote to local authorities reminding them that they should be flexible in their requirements for section 106 agreements, taking into account specific site circumstances and changing circumstances. (Ref[http://offlinehbpl.hbpl.co.uk/NewsAttachments/RLP/Ministerial_Letter9_November_2015.pdf . Impact] [http://offlinehbpl.hbpl.co.uk/NewsAttachments/RLP/Ministerial_Letter9_November_2015.pdf of social rent changes on the delivery of affordable housing], 9 November 2015.)
		+
		+	= 2018 =
		+
		+	In December 2018, the government opened a consultation on changes to developer contribution rules intended to speed up housing delivery.
		+
		+	For more information see: Developer contributions.

	= Small sites exemption =		= Small sites exemption =
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	* Affordable housing.		* Affordable housing.
−	* Buy to leave.
−	* Code of construction practice.
	* Community infrastructure levy.		* Community infrastructure levy.
−	* Community liaison officer.
	* Consultation process.		* Consultation process.
	* Deemed discharge of planning conditions.		* Deemed discharge of planning conditions.
	* Delegated powers.		* Delegated powers.
−	* ~~Design and access statements.~~	+	* Developer contributions.
−	* Detailed planning application.	+
−	* Extensions to time limits for implementing existing planning permissions.	+
−	* How long does it take to get planning permission.	+
−	* How long does planning permission last.	+
−	* Outline planning application.	+
−	* Planning appeal.	+
	* Planning conditions.		* Planning conditions.
	* Planning fees.		* Planning fees.
−	* Planning obligations.
	* Planning performance agreement.		* Planning performance agreement.
	* Planning permission.		* Planning permission.
	* R (on the application of West Berkshire District Council and Reading Borough Council) v Secretary of State for Communities and Local Government.		* R (on the application of West Berkshire District Council and Reading Borough Council) v Secretary of State for Communities and Local Government.
−	* Section 102.
	* Section 106 consultation.		* Section 106 consultation.
	* Section 106 exemption.		* Section 106 exemption.
−	* Section 38 agreement.
−	* Section 278 agreement.
−	* Statutory approvals.
−	* Statutory authorities.
−	* Town and Country Planning Act.
	* Viability test.		* Viability test.

−	=== External references ===	+	= External references =

	* [http://www.adamrobertsltd.co.uk/section-106-agreements/do-i-need-to-pay-section-106-contributions/ Adam Roberts Consultancy, Do I Need to Pay Section 106 Contributions]?		* [http://www.adamrobertsltd.co.uk/section-106-agreements/do-i-need-to-pay-section-106-contributions/ Adam Roberts Consultancy, Do I Need to Pay Section 106 Contributions]?