Planning obligations

Planning obligations or "Section 106 Agreements" are legally binding agreements negotiated between developers and the Council, as Local Planning Authority, usually in the context of considering planning applications.

They may comprise a "planning agreement" drafted and agreed with the Council or a "unilateral obligation" offered by the developer prior to the grant of planning permission, either of which will make the proposed development acceptable under relevant published local, regional or national planning policies.

They might be used to prescribe the nature of the development by:

requiring that a proportion of housing built is affordable;
securing a contribution to compensate for loss or damage resulting from the development e.g. loss of open space; or
mitigating the development's impact e.g. by encouraging public transport usage or highway improvements.

The most recent Government advice is published in the Planning Obligations Circular 05/2005 This link will open in a new window (This link will open in a new window). Obligations entered into run with the land and may be enforced against both the original covenanter and their successors unless otherwise stated. They can be positive, requiring something to be done or negative, restricting the use of the land in a specified way.

The Council's requirements were derived from the Tandridge District Local Plan 2001 and the Core Strategy DPD 2008. The needs of various statutory consultees will continue to be negotiated on a site by site basis.

A Planning Obligations Code of Practice brings together our current policies and practices and provides a working document for the preparation and determination of planning applications. Prospective developers are strongly urged to familiarise themselves with this Code and contact the planning department at an early stage to discuss their proposals. In particular the advice note explaining the requirements for affordable housing provision on new housing sites should be viewed at Affordable Housing

There is a charge for pre-application discussions but it is hoped that developers will take advantage of these so that they may proceed with greater confidence that their schemes may prove acceptable to the Council rather than to be refused and have to face the delays and uncertainties of re-applying or appealing.

For further information please call our 24 hour automated telephone service on 0300 100 0041, or Customer Services on 01883 722000 (during office hours) or e-mail planningapplications@tandridge.gov.uk

Or write to us at:
Tandridge District Council
8 Station Road East
Oxted RH8 0BT

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