Planning Obligations
What is a planning obligation?
Planning obligation is a term that covers:
- Unilateral Undertakings
- Section 106 Agreements
- Deed of Variation (Section 106A Agreements)
The Government has published guidance on planning obligations
The Planning Inspectorate has issued good practice advice
Unilateral Undertakings (UUs)
Unilateral Undertakings, often known as UUs, are legally binding covenants offered to the Council by the applicant and must include the landowner(s).
If a development has a UU, the planning obligations will bind future landowners to deliver its requirements if they have not already been met.
Section 106 Agreements
A section 106 agreement will often contain clauses for both the landowner and the Council, and can be based on standard template.
Deed of Variation
A deed of variation is also called a section 106A agreement or supplemental agreement. They may be required to vary an planning obligation if a application is submitted, with the consent of the relevant parties to the agreement, to vary the permission.
The Council’s Legal Team
The Council’s legal team advises the Local Planning Authority (LPA) on the potential content of a planning obligation. It cannot provide advice direct to applicants, so if you have a planning application that needs a planning obligation then we would strongly encourage you to take your own legal advice.
Our legal team will work with your legal representative in a positive and constructive way to negotiate the suitability of a planning obligation.
Planning obligation templates
To make this process as straightforward as possible we have a prepared a series of template planning obligations that your legal advisor can use.
Using the templates should speed up the process and reduce the need for negotiation. This will reduce the cost of agreeing the obligation and your planning decision can be issued as quickly as possible.
Unilateral Undertaking template
Unilateral Undertakings standard nitrates wording
Section 73 Clause consent template
Section 106 agreement template
Section 106a supplemental agreement template
We would always encourage you to engage with us over your planning obligation at the earliest opportunity.