Planning Obligations Supplementary Planning Document

Planning obligations or S106 agreements are legally binding agreements between landowners and/or developers, infrastructure providers and the Council. Where a new development will have an impact on Darlington’s existing infrastructure, planning obligations can be used to secure new infrastructure or provide financial contributions to improve physical, and/or social and/or green infrastructure, based on the scale and type of development and identified needs in the local area.

The Planning Obligations Supplementary Planning Document (Planning Obligations SPD) is an important document in the Local Development Framework. It will provide further detail and guidance on several adopted Core Strategy policies.  The Planning Obligations SPD will provide a fair and consistent basis for the negotiation of planning obligations from new development. It will set out: 

• the process for using planning obligations;
• when obligations will be sought; 
• how obligations will be calculated; and 
• the way the Council expects planning obligations to be delivered. 

It will show how the Council intend to use the Infrastructure Delivery Plan in the planning obligations process. Where projects identified in the Infrastructure Delivery Plan do not have sufficient funding to be delivered, planning obligations may be used to help provide enough funding for the infrastructure to be provided.

The Council anticipate consulting on a draft Planning Obligations SPD in early summer 2012. Once adopted, the Planning Obligations SPD will have considerable weight when considering planning obligations for all planning applications.

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