Planning Obligations & Section 106 Agreements
Planning agreements and the obligations they contain, are a
legal tool that the Council may use to seek contributions from
developers to mitigate negative development impacts and facilitate
development that might otherwise not occur.
The existing system of planning obligations is contained within
Section 106 of the Town and Country Planning Act 1990 (as amended
1991) therefore they are sometimes referred to as Section 106
agreements.
Welsh Office Circular 13/97 (Planning Obligations) states that
planning obligations must be:
- Necessary;
- Relevant to planning;
- Directly related to the proposed development;
- Fairly and reasonably related in scale and kind to the proposed
development; and
- Reasonable in all other respects.
The Council will be most likely to seek planning obligations on
major developments or where development will impact upon a
particularly sensitive site. The most commonly sought contributions
include affordable housing, education, highways, landscaping and
open space and community facilities.
More guidance on the Council's planning obligation requirements
is contained in the Approved Planning Obligations Supplementary
Planning Guidance.
From 1st January 2007 the Council introduced a separate fee
system for progressing and the subsequent monitoring of planning
agreements or obligations. You can read our Guidance
Note here.
Planning Obligations Service
Standards have also been devised to demonstrate the
Council’s commitment to delivering a quality service to developers
and interested persons in respect of all matters relating to
planning obligations.
The Council keeps an up to date register of signed section 106
agreements since 1990.
You can view a summary
of signed section 106 agreements - last
updated April 2011.
The Council has a main point of contact for all issues relating
to planning obligations.
Please contact Victoria Abraham (Principal Planner – Development
Control)
Tel. 01446 704662
E-mail: developmentcontrol@valeofglamorgan.gov.uk