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Planning Obligations/s106 Agreements

Information required and when requiredInformation Required/Guidance

Planning Obligations / s106 Agreements

Required where:

Where a planning obligation is required, for example, to secure affordable housing, financial contributions, maintenance agreements, removal of buildings/site restoration, and so on

Development proposing new dwellings or annexes in the Tamar EMS Zone (refer to Biodiversity section above)

Planning obligations agreed under s106 of Town and Country Planning Act 1990 are used to deliver affordable housing and site-specific infrastructure. This mitigates impacts on the wider community, environment or economy by providing financial or physical contributions. They may also oblige the developer, or others, to carry out certain actions, where planning conditions will not suffice.

Triggers for obligations vary and advice should be sought and/or specific policies consulted to determine what will be required.

As a minimum, Heads of Terms (HoT) should be provided to address policy requirements.

It will be of assistance if the contributions have been reviewed by the appropriate consultee. This should have regard to affordable housing, open space, sports and recreation, and education and transport. Copies of any pre-application responses should be included.

There are specific thresholds set out for residential and commercial developments for when planning obligations apply. Other forms of development may also require mitigation; for example, the removal of existing structures.

When submitting HoT (or a draft legal agreement) it will assist if you could please provide Proof of Title and full details of your legal representative.

We encourage pre-application discussions to clarify requirements.

Unilateral Undertakings are also required where development falls in the Tamar EMS Zone of Influence; please refer to the templates  and SPD for contribution figures.

Links to Useful Guidance

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