Planning obligations (sometimes known as Section 106 requirements) are used by the council to allow, in appropriate circumstances, planning permission to be granted for development proposals that might have otherwise been considered unacceptable in planning terms.
Planning obligations are used to secure affordable housing and for other measures to mitigate the specific impacts of a development.
The council’s latest guidance on the use of planning obligations including the legal framework for their use is set out in the Draft Supplementary Planning document (PDF, 1MB).
This document was prepared and consulted on as part of the preparation of the council’s Community Infrastructure Levy (CIL) Charging Schedule in 2015. The council is considering the responses received and a final version will be adopted in 2016.
Planning obligations are secured through a legal agreement or unilateral undertaking. The council’s model agreement is currently being updated and will shortly be available on this page.
CIL also applies to certain developments in Westminster. Find out more about CIL
Guidance on planning obligations was previously set out in the Supplementary Planning Guidance (SPG) on Planning Obligations (PDF, 2MB). Linked to this, the council also adopted an SPG on Public Realm Credits (PDF, 3MB). Subject to a number of conditions, this enabled developers to invest in the council’s priority public realm schemes on the proviso that the investment could be used to offset a future planning obligation requirement to pay a financial contribution towards public realm improvement works.
Both of these guidance documents have now been superseded as the Community Infrastructure Levy Regulations 2010 (as amended) have changed the way that planning obligations may be used.
For the latest guidance on planning obligations in Westminster see the Draft Supplementary Planning document (PDF, 1MB).