UK, remember your settings and improve government services. We also use cookies set by other sites to help us deliver content from their services. You have accepted additional cookies. You can change your cookie settings at any time. You have rejected additional cookies. Use of planning obligations and process for changing 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 of the Town and Country Planning Act 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. See related policy: National Planning Policy Framework paragraph Planning obligations assist in mitigating the impact of unacceptable development to make it acceptable in planning terms. Planning obligations may only constitute a reason for granting planning permission if they meet the tests that they are necessary to make the development acceptable in planning terms.
They must be:. These tests are set out as statutory tests in regulation as amended by the and Regulations and as policy tests in the National Planning Policy Framework. These tests apply whether or not there is a levy charging schedule for the area. Revision date: 01 09 See previous version. Local authorities should consider whether otherwise unacceptable development could be made acceptable through the use of conditions or planning obligations.
Developers will have to comply with any conditions attached to their planning permission. Conditions should be kept to a minimum and only imposed where they are necessary, relevant, enforceable, precise and reasonable. Planning obligations, in the form of section agreements and section agreements , should only be used where it is not possible to address unacceptable impacts through a planning condition. Developers may also contribute towards infrastructure by way of the Community Infrastructure Levy which is a fixed charge levied on new development to fund infrastructure.
