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What is a Section 106 planning obligation?

Planning obligations are legal contracts made under Section 106 of the 1990 Town and Country Planning Act. They are generally entered into by agreement between councils and landowners, although a landowner may also offer a unilateral, "one-sided", Section 106 obligation.

Planning obligations cannot be used to double charge developers for infrastructure (such as roads and schools). Once an authority has introduced the Community Infrastructure Levy (CIL) in its local area, it must not use obligations to fund infrastructure which it intends to fund via the levy.

Planning obligations will no longer be the basis for a tariff. Once an authority introduces their Community Infrastructure Levy in their area, it can no longer pool more than five contributions for infrastructure capable of being funded by the levy.

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Contact us

Planning Services
Guildford Borough Council
Millmead House
Millmead
Guildford
GU2 4BB
United Kingdom

Telephone: 44 01483 444609
Email: planningenquiries@guildford.gov.uk

Last updated: 25 September 2014 14:21 PM