InformationPlanning Obligations

Planning obligations are legal obligations designed to mitigate the impacts of a development proposal that would otherwise be unacceptable in planning terms. These are typically achieved via a planning agreement entered into under?Section 106 of the Town and Country Planning Act 1990, often referred to as a Section 106 agreement or S106 agreement. It is a legally binding agreement made between a local planning authority and a developer.  

Planning obligations must meet three tests. They must be: 

• necessary to make the development acceptable in planning terms;  

• directly related to the development; and 

• fairly and reasonably related in scale and kind to the development. 

These obligations usually relate to things like: 

• providing onsite affordable housing 

• providing on-site open space, allotments and play areas 

• Mitigating development impacts such as making environmental improvements such as BNG or contributing to local infrastructure. 

Planning obligations run with the land, are legally binding and enforceable. 

Section 106 Agreements can be entered into?by a person with an interest in the land and the local planning authority. A Section 106 Unilateral Undertaking is a simplified version of a planning agreement and is only entered into by the landowner. It will only be appropriate in certain circumstances. 

S106 monitoring fees 

Monitoring fees are charged to cover the cost of monitoring compliance with the obligations set out in S106 agreements. The monitoring fees are payable on completion of the agreements.  

	Charge per financial contribution	Charge per non-financial obligation
Major developments (10+ dwellings)	£501.84	£1116.90
Minor dwellings (below 10)	£501.84	£501.84

You can view more on development contributions on East Devon here: What are planning obligations, and how much will it cost? - East Devon

Via the link you can view developer contributions (both financial and non-financial) related to specific developments or by searching under other criteria such as location, contribution type, status etc.