Planning Obligations

Planning obligations (often referred to as section 106 agreements) are legal agreements negotiated between the Council and a developer or landowner (usually in the context of a planning application).

Planning obligations are typically used to ensure that new developments:

• comply with planning policy – for instance, by requiring affordable housing or public open space to be provided
• do not impose undue burdens on existing facilities –  for instance, by requiring financial contributions to improve local services such as schools, libraries or transport.

Applicants should refer to the guidance provided here in order to determine whether a section 106 agreement is likely to be needed in connection with a proposed development.  Applicants are encouraged to seek pre-application advice from the Development Control section if they are in any doubt.  

Where a section 106 agreement is required in connection with a proposed development, applicants will be expected to provide additional information with their planning applications, including:

• a Planning Obligations Statement or draft agreement (using the Council’s standard templates where appropriate/available)
• a Planning Obligations Questionnaire (providing details of legal representation, proof of title and a legal costs undertaking).

Providing information at this early stage will help to speed up the process of completing section 106 agreements, providing quicker decisions for applicants and helping the Council to meet government targets for the time taken to make planning decisions.  The Council will normally expect legal agreements to be completed within the statutory determination periods for applications – either 8 or 13 weeks depending on the size of the development.  

Downloads

• Planning Obligations Guide to Procedures (to follow)

• Planning Obligations Newsletters (PDF Document 202KB)

• Norfolk County Council Planning Obligations Standards (PDF Document 78.0KB)

Standard agreement templates

Small housing schemes (up to 5 units):

• Unilateral Undertaking (PDF Document 13.6KB)
• Unilateral Undertaking Questionnaire (PDF Document 206KB)
• Guidance Notes (PDF Document 119KB)
• Completing Unilateral Undertaking (PDF Document 147KB)

Urban housing schemes (5-14 dwellings)

• Legal agreement (to follow)
• Legal agreement questionnaire (to follow)
• Guidance Notes (PDF Document 119KB)