Planning obligations (Section 106)

Planning obligations are also commonly referred to as:

• Section 106

• S106

• developer contributions

They 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

• 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.