Planning Obligations

What are Planning Obligations?

To address the impacts of a development proposal, West Devon Borough Council sometimes enters into planning agreements with Developers.

There are two ways that Developers can do this:

• An agreement between the developer and the Council under Section 106 of the Town and Country Planning Act 1990 (often called a section 106 or s106 agreement
• A unilateral undertaking by the developer without the Council.

When can planning obligations be sought by the Council?

Planning obligations are intended to lessen the impact of unacceptable development to make it acceptable in planning terms. They can only be used as a reason for granting planning permission if they meet the following tests. They must be:

• Necessary to make the development acceptable in Planning terms;
• Directly related to the development; and
• Fairly and reasonably related in scale and kind to the development.

What is the Community Infrastructure Levy (CIL)?

In some areas of the Country, Developers may also contribute towards infrastructure by the Community Infrastructure Levy (CIL). This is a fixed charge levied on new development to fund infrastructure.

Currently, West Devon Borough Council do not have a CIL in place, preferring to use s106 to secure appropriate contributions and actions from Developers.

CIL remains under review as part of the plan making process.

To find out more about Developer Contributions, please visit Gov.UK.

Other S106 Information

Application to vary a Section 106 planning obligation

Please download this form (PDF) [395KB] (opens new window)

Once you have completed the form, please email it and any accompanying documents to the email address on the form.

A fee is not required for this application type.