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What are Section 106 Planning Obligations?

Planning obligations are legal obligations entered into to mitigate the impacts of a development proposal.

This can be via a planning agreement entered into under section 106 of the Town and Country Planning Act 1990 by a person with an interest in the land and the local planning authority; or via a unilateral undertaking entered into by a person with an interest in the land without the local planning authority.

Planning obligations run with the land, are legally binding and enforceable. A unilateral undertaking cannot bind the local planning authority because they are not party to it and, as such, are not always appropriate.

Planning obligations are also commonly referred to as ‘Section 106’, ‘S106’, as well as ‘developer contributions.’

What the Planning Obligation will cover

The planning obligation will vary depending on the nature of the development and its impact, and will be confirmed during the application process.  The most common obligations include;

  • Public open space
  • Affordable housing
  • Education
  • Highways

For more information see the documents referred to, under the heading 'Useful Documents' on the right of this page.

Preparation of the Planning Obligation

The Staffordshire Local Planning Authorities, including Staffordshire County Council, have come together to produce a standardised template for Section 106 Agreements across Staffordshire relating to planning applications made to the Staffordshire district/borough councils.

The county and district/borough councils have committed to publicising this standardised template upfront so applicants are clear what documentation they are required to complete as part of the application process. This will reduce delays and costs for applicants and simplify the planning process.

The standard template has optional schedules which will be applied according to the nature of any proposed development.

The County and District/Borough Councils do not envisage entering into significant dialogue with applicants with regards to amendments to the standard template other than removing references which are plainly not applicable, as the template has been agreed by Staffordshire County Council and the Staffordshire district/borough council planning authorities.

The standard templates can be viewed on Staffordshire County Council's website by following this link

The templates that are most relevant for developments in Newcastle-under-Lyme Borough are the main S106 agreement, schedule 1, schedule 2 and schedule 7.

 

 


Last updated 24 July 2019

 
 
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