Section 106 agreements (s106)

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2. How planning obligations come about

When we decide to grant planning permission, we will decide whether a planning obligation is necessary. Where the planning committee makes the decision, brief details of the proposed obligation will be included in the report. The agreement containing the planning obligation will then need to be completed before planning permission is issued.

An alternative situation is where we refuse an application, but the applicant lodges an appeal. Both parties will need to prepare an agreement containing the necessary planning obligation, to present to the Inspector who will decide the appeal. If the appeal is allowed and planning permission is granted, the planning obligation will then take effect (entering into an agreement in this situation is accepted practice and in no way weakens our case on appeal. It simply means that if the Inspector disagrees with us and allows the appeal, the opportunity for a planning obligation is not lost).