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Planning Obligations (draft)
A Planning Obligation is a legal agreement used to secure a planning gain. They are most commonly used by developers to make financial contributions towards the provision of off-site facilities, required for the development to proceed. Government advice on the use of Planning Obligations is found in Circular 05/05 Planning Obligations, although the Government is currently reviewing this.
A Section 106 agreement template is provided for use where the Council is required to obligate itself to do something as well as the applicant. Using the model clauses in this standard Section 106 Agreeement template for a planning obligation can help speed up the planning decision-making process and save legal costs.
Where an applicant is proposing to use a Planning Obligation, it is recommended that either a draft Unilateral Obligation or a statement of the proposed Heads of Terms is submitted with the application, whichever is most appropriate.
Applicants should note that, where a Planning Obligation is needed, the absence of a draft agreement is likely to prevent an application being reported to Area Board, in the interests of speeding up application decisions.
Supplementary Planning Guidance explains where contributions towards open space, affordable housing or education facilities may be required for certain residential developments. For open space contributions in the City Centre, the Council will shortly be publishing further advice, in its City Centre Living Strategy. For these and other planning obligation requirements, pre-application discussions will be essential.
A Unilateral Obligation template is provided to avoid any delays to speed up the application process and avoid the need for legal expenses for such routine obligations.
Downloads
A word version of the Unilateral Obligation Template (23.5 KB)
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