Does my application require Planning Obligations?

The Government’s policy on the use of Planning Obligations is set out on the Planning Practice Guidance website. Local planning authorities take this guidance into account when making their decision on a planning application and must have good reason for departing from it.   

Under the statutory provisions of Regulation 122 of Community Infrastructure Levy 2010 as amended by the Community Infrastructure Levy (Amendment) regulations 2011, 2013, 2014, 2015 and supported paragraph 204 of the National Planning Policy Framework, local planning authorities, in determining planning applications, can only secure Planning Obligations where it can be demonstrated that such obligations meet the following statutory and policy tests: 

• Necessary (to make a proposal acceptable in planning terms)
• Directly related to the proposed development
• Fairly and reasonably related in scale and kind to the proposed development

If you are unsure as to whether a proposed development you may be considering is likely to require Planning Obligations, you are encouraged to seek pre-application advice before purchasing land for development.