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.