Planning obligations (Section 106)
Planning obligations are also commonly referred to as:
- Section 106
- 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.