What are planning obligations?

Author

Christopher Ramos

Published Mar 03, 2026

What are planning obligations?

Planning obligations, also known as Section 106 agreements (based on that section of The 1990 Town & Country Planning Act) are private agreements made between local authorities and developers and can be attached to a planning permission to make acceptable development which would otherwise be unacceptable in planning

Correspondingly, how long does a Section 106 agreement take?

Section 106 agreements are negotiated alongside the planning decision-taking process. Negotiations should be concluded within the statutory timeframes of 8 weeks, 13 weeks for major development or a longer period agreed in writing between the applicant and local planning authority (“agreed extension of time”).

Similarly, what is a Section 52 agreement in planning? Section 52 agreement was a set of planning obligations contained in the Town and Country Planning Act 1971 relating to specific pieces of land. It was amended into Section 106 of the same act in 1990. Most planning obligations were agreements entered either unilaterally or with the Local Planning Authority.

Simply so, what is a unilateral undertaking in planning?

A Unilateral Undertaking is a simplified version of a planning agreement, which is relatively quick and straightforward to complete, and is entered into by the landowner and any other party with a legal interest in the development site.

Is CIL a planning obligation?

The CIL is intended to provide infrastructure to support the development of an area rather than to make individual planning applications acceptable in planning terms.

What is a section 106 agreement in planning?

Planning obligations, also known as Section 106 agreements (based on that section of The 1990 Town & Country Planning Act) are private agreements made between local authorities and developers and can be attached to a planning permission to make acceptable development which would otherwise be unacceptable in planning

Can I buy a section 106 property?

Buying and selling homes can be stressful and selling any home can take a while. However, contained in most Section 106 Agreements there is a process called 'cascading' which may help you to find a buyer. Such restrictions will only be relaxed for this sale and will reapply for all future sales.

What is a section 111 agreement planning?

1.5 The Section 111 agreement is a legally binding covenant that will require 'Herefordshire Housing Limited' to enter into agreement under Section 106 Town and Country Planning Act 1990 with the Council once it has acquired a legal interest in the land.

How do you vary a section 106 agreement?

A Section 106 planning obligation may be changed (Deed of Modification) or discharged in two ways. 1) Within five years of the date of the completion of the obligation, at any time, by agreement between us and the person or persons against whom the obligation is enforceable.

What is the difference between CIL and section 106?

The Community Infrastructure Levy (CIL)

CIL is different to S106 in that it is levied on a much wider range of developments and according to a published tariff schedule. This spreads the cost of funding infrastructure over more developers and provides certainty as to how much developers will have to pay.

What is a section 106 local occupancy restriction?

Examples of a Section 106 Agreement could be where: a new house can only be occupied by a person with a local connection. a developer is obliged to provide affordable housing for local needs as part of a major development. a new house on agricultural land is restricted to agricultural workers only.

What can s106 money be spent on?

Section 106 agreements are negotiated between a developer and council to help make new home schemes more attractive to communities. It can be used to help fund affordable housing as well as roads, parks and youth services.

What are planning conditions?

The National Planning Policy Framework (NPPF) defines a planning condition as, 'A condition imposed on a grant of planning permission (in accordance with the Town and Country Planning Act 1990) or a condition included in a Local Development Order or Neighbourhood Development Order. '

What is the difference between a s106 agreement and a unilateral undertaking?

A planning obligation is a legally binding agreement secured under Section 106 of the Town and Country Planning Act 1990 as amended. A Unilateral Undertaking is a simplified version of a Planning Agreement and is only entered into by the landowner. It will only be appropriate in certain circumstances.

Are s106 agreements public documents?

S106 agreements are bespoke documents relevant to individual development proposals. S106 agreements are public documents, your local planning authority can send you an example of one that has recently been agreed in their area.

What triggers CIL payment?

It seems to me that what owner has to watch is that owner does not allow development to commence (eg by early entry by developer) BEFORE the land transfer has been made by owner to developer. Once the transfer has been made the developer becomes the owner and will trigger CIL payment on its commencement of development.

Who pays CIL levy?

Who is liable to pay the levy? Landowners are ultimately liable for the levy, but anyone involved in a development may take on the liability to pay. In order to benefit from payment windows and instalments, someone must assume liability before the development has commenced (see regulation 70).

How is CIL calculated?

How is the CIL calculated? The Community Infrastructure Levy (CIL) is calculated per square metre. The calculation involves multiplying the CIL charging rate by the net chargeable floor area (based on Gross Internal Area), and factoring in an index figure to allow for changes in building costs over time.

Is Nppf legally binding?

The broad brush policies contained in the NPPF are generally pro sustainable development. Some crucial policies, including where development can or cannot take place, are still to be made legally binding.

Can you get a section 106 removed?

Can Section 106 Obligations Be Removed? Yes, but it will be resisted. LPA's are asked to vary S106 agreements but are reluctant hence their desire not to agree in the first instance until the full detail of the scheme is known. Hence, it's important to 'get it right' in the first instance.

What is a CIL charge?

The Community Infrastructure Levy (CIL) is a charge that local authorities can set on new development in order to raise funds to help fund the infrastructure, facilities and services - such as schools or transport improvements - needed to support new homes and businesses.

How do I get a Section 106 lifted?

As explained in detail below, an S73 (Section 73) application can be utilised to remove or vary any previous Section 106 agreement, particularly if there have been material changes of circumstance since the original agreement was signed.

What is a CIL charging schedule?

The Community Infrastructure Levy (CIL) Charging Schedule for Southampton came into effect on 1 September 2013. The CIL is a standard, non-negotiable charge applicable to developments where there is a net increase of 100 square metre of floor space or the creation of one or more dwellings.

Where can I get a copy of a section 106 agreement?

Can I view and obtain copies of the S106 agreement? You can also email S106 with the planning reference number for the copy of the S106 agreement.

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