Section 106 of the Town and Country Planning Act 1990 (external link) allows developers, landowners and other relevant parties to enter into planning obligations. Planning obligations are legal documents negotiated between a developer, the council and any others that have an interest in the land. They may take the form of an agreement or a unilateral undertaking.
Planning obligations run with the land so they may be enforced against both the original covenanter and against anyone acquiring an interest in the land from him/her unless the agreement states otherwise.
Use of planning obligations must also have reference to the CIL Regulations 2010 (as amended).
Residential development consisting of 40 or more dwellings will be required to provide open space on the development site itself. However, negotiations may decide that the provision of a commuted sum would be more appropriate.
Developer contributions are set out in the following policy documents:
For those developments where transport infrastructure is required, other than identified through the CIL R123 list, we seek views from Lancashire County Council. They will broadly outline the areas of identified need. This is done along with an estimate of the potential cost.
Planning obligations related to transport infrastructure are set out in Lancashire County Council's adopted Section 106 Planning Obligations policy (external link)
Housing developments above a certain threshold will be required to provide a proportion of affordable housing, which is secured through a S106 agreement. Policy RS2 sets out the requirements. A new Affordable Housing SPD is also currently being prepared which will add further details on this matter.
Before the introduction of CIL we have sought contributions towards public open space, footpaths and cycleways, and transport infrastructure and services through S106s. These infrastructure types will now, in most cases, be delivered through the Community Infrastructure Levy, except where the infrastructure is necessary on site, but we will continue to spend those monies we have already received, or are due to receive in the future, which relate to existing S106s.
Information for where you live