Planning Obligations Policy

Planning Obligations Policy

The Dept for Communities has published proposals for a new policy document on the use of planning obligations (POs) in the light of the introduction of the Community Infrastructure Levy (CIL) and reforms to planning obligations brought about when the Final CIL Regulations 2010 came into force on 6 April. Originally introduced to make development proposals that support sustainable development of areas acceptable when they might otherwise be unacceptable in planning terms, planning obligations have been extended beyond their original, intended scope to address the kinds of more general contributions that CIL is intended to cover. The proposals address concerns about inconsistency in their use by different local authorities, a lack of transparency and the need for lengthy, expensive negotiation of agreements. Specific objectives of the proposals include:-

  • Clarifying the purposes of POs in the light of CIL
  • Preventing the opportunity for double charging through the use of POs and CIL
  • Putting tariff-style charges on a better statutory basis
  • Streamlining planning policies. Circular 5/05, which sets out the current scope of acceptable uses of planning obligations, contains a mixture of policy, legal commentary and guidance. The proposed new policy annex will focus entirely on policy.

”˜New policy document for planning obligations: Consultation’ is available at http://tinyurl.com/2wq3x4d – pdf. A list of consultation questions is available at:- http://tinyurl.com/32b2flq – doc(DCLG Public Enquiries: tel: 0303 444 0000)(Although the consultation closed on 21 June please refer to the information on ”˜Consultation Documents’.)