Planning Obligations, also known as Section 106 agreements (based on that section of the 1990 Town & Countryside Planning Act) are legal agreements that we make with developers to mitigate the negative effects of a development which would otherwise be unacceptable in planning terms.
They can be used to:
- prescribe what type of development takes place, by requiring a certain amount of affordable housing in a residential project, for example; or
- obtain contributions towards infrastructure from a developer in order to lessen a project’s impact, or to compensate for loss or damage.
Under the Community Infrastructure Levy (CIL) Regulations (2010 as amended), a Planning Obligation can only be considered as a reason for granting planning permission if it is:
- necessary to make a development acceptable in planning terms;
- directly related to the development; and
- reasonably related to a development in terms of scale and type.
Our guidance on Planning Obligations is set out in:
- Planning Obligations Supplementary Planning Document (SPD) (2017)
- Core Strategy - Policy IMP3
- Kingston Town Centre Area Action Plan - Policy K23
The Planning Obligations SPD (2017) supersedes the Planning Obligations SPD (revised September 2011). This was seen as necessary because of significant changes to the policy context surrounding Planning Obligations, namely the introduction of the National Planning Policy Framework (2012); and the introduction of the Community Infrastructure Levy and corresponding Community Infrastructure Levy Regulations (2010 as amended) which have redefined the way in which developers are expected to contribute to community infrastructure.
More information on Planning Obligations can be found on the Planning Practice Guidance website.
The Planning Obligations SPD was adopted on the 3rd April 2017 and is a material consideration for future planning applications.
In accordance with Regulation 14 of the Town and Country Planning (Local Planning) (England) Regulations 2012, notice is hereby given that the Planning Obligations SPD was formally adopted by the council on the 3rd April 2017.
Details of the Growth Committee decision including the Committee Report and statement summarising the consultation responses, are available on our website.
The SPD along with a copy of this Adoption Statement is also available for inspection from our Offices at the Information and Contact Centre, Guildhall 2, Kingston upon Thames, KT1 1EU during normal office hours (9am-5pm Monday-Friday).
Any person with sufficient interest in the decision to adopt the Supplementary Planning Document listed above may apply to the High Court for permission to apply for judicial review of the council's decision to adopt the SPD. Any such application must be made promptly and in any event not later than 3 months after the date in which this Supplementary Planning Document was adopted (3rd April 2017).
In order to assist applicants, a template for a unilateral undertaking is provided which sets out the standard clauses used in such Planning Obligations. Please read the guidance notes for unilateral undertaking for more information.