Planning Obligations (Section 106 Agreements)

Planning obligations (Section 52 and s106 agreements)

Planning obligations (or s106 agreements and Section 52 Agreements) are individual legal agreements negotiated between the Council and developers.

Obligations can also be secured through unilateral undertakings by developers.

They are intended to make development acceptable which would otherwise be unacceptable in planning terms, and can be met either by the developer completing work as agreed or paying a specified sum to the Council who will then arrange for the money to be spent and the relevant work completed on improvements relevant to the development.

For example planning obligations might be used to:

  • prescribe the nature of a development (e.g. by requiring that a given proportion of housing is affordable);
  • secure a contribution from a developer to compensate for loss or damage created by a development (e.g. loss of open space);
  • mitigate a development’s impact (e.g. through provision of a cycle track).

Hyndburn Borough Council has entered into a number of Section 52 (under the 1971 Town & Country Planning Act) and s106 (Town & Country Planning Act 1990) agreements and unilateral undertakings.

They are listed on the Section 106 agreements download link below and can then be found by using the “search applications” link and entering the relevant Planning application number into the search box.