Legal obligations that you may be bound to with your planning permission
New development can bring benefits to the local area. These include new homes and jobs. The impact on the local area is sometimes not so beneficial though. Examples are, more people using roads, parks and other amenities.
It could be that a proposal is acceptable but could harm local infrastructure. We may address these impacts by requiring the applicant to fulfil certain obligations. The aim is to ensure and enhance the quality of development.
A Planning Obligation is a legal agreement between:
In planning terms, the aim is to allow developments that would otherwise be rejected.
Find out more in the National Planning Policy Guidance.
In most cases where any new home is proposed, the applicant will need to enter into a planning obligation. For Household applications (e.g. extensions) planning obligations are not normally required.
Planning obligations may require the developer to:
If they don't do this they must agree to fund the provision of these things.
By law, Planning Obligations must meet all the tests contained in Regulation 122 of the tests. They must be:
An obligation cannot require the developer/landowner to solve an existing problem. It can ask for a contribution if the development will make it worse.
Planning obligations can have significant effects on the use and value of land. We recommend that you take independent legal advice. You can seek pre-application advice from us if you think that your proposed development may need a planning obligation.
If we require a planning obligation, heads of terms should be submitted at the time of the formal application for planning permission.
This enables us to undertake the necessary consultations regarding the proposed obligation. We can then agree on the obligations within the statutory period for determining the application.
This is why we advise applicants to enter into pre-application discussions with us. We can then agree on obligations before a formal application is submitted.
The Council uses two methods to secure planning obligations. One depends on the complexity of the issues the obligation is required to cover. The other depends on the time that the applicant wishes to make the financial contribution.
Obligation - financial only
If the applicant wishes to keep costs and delays to a minimum, we require immediate payment. Consent will not be granted until this done. A unilateral undertaking must be submitted with the payment. We will provide this for you to complete.
Obligation - complex
A couple examples of complex obligations are those that may involve:
In these in these instances a deed must be entered into with the Council. This must comply with Section 106 of the Town and Country Planning Act.
We recommended that you read Planning Contributions and Affordable Housing Supplementary Planning Document. It provides guidance on planning obligations. It is then best then contact the case officer early. You can then establish if we will require a planning obligation to start the process. This will mean we can process the application efficiently and quickly.
Section 106 Agreements are also known as Planning Obligations. They are formal deeds between:
Planning Obligations apply to all landowners. This includes current and future landowners. They bind the land until terms are satisfied.
As part of your planning application we need ownership details for the relevant land. Providing information early allows us to:
You can provide this by submitting either of the following:
Any legal adviser will be able to assist with obtaining either of these.
We will prepare an agreement when:
There is a charge for this service. We will not accept s.106 Agreements that have not been prepared by Torbay Councils legal team.
The Land Charges department hold the Planning Obligation once completed. Details of all agreements are included in the Local Authority Search.
CIL is a non-negotiable charge on certain types of development. Different rates are charges depending on the proposal and its location within Torbay. We charge CIL for the following developments:
Some planning applications will need a Planning Application Additional Information Requirement form. This is so that we can assess if you need to pay CIL. Applications which do not need to submit this form are:
Additional Information Requirements Guidance is also available.
We will assess the proposal on its merits if we do not receive a completed Undertaking or section106 within the relevant timeframe. We will assess all information available to us. If we deem a planning obligation necessary, we may refuse the application. This is to overcome any detrimental effects of the proposals and make the development acceptable.