What is a Section 106 Planning Obligation?
Planning obligations are created under Section 106 of the Town and Country Planning Act 1990. They are therefore known as ‘Section 106 obligations’. They are legally binding obligations (agreements) that are attached to a piece of land and are registered as local land charges against that piece of land. Planning obligations enable a council to secure contributions towards services, infrastructure and amenities in order to support and facilitate a proposed development. The requirements of a Section 106 obligation will vary according to the size, impact and nature of the proposed development. At Malvern Hills District Council, our planning officers rely on the adopted Malvern Hills District Local Plan 2006 as well as Supplementary Planning Documents (SPDs) to inform applicants of the requirements for their particular development proposals. What is the purpose of these obligations? Planning legislation includes the essential principle that development should pay for the social and physica
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