ABSTRACT
Planning obligations are entered into ‘voluntarily’ by the parties. Because of this, controls over the development of land can be achieved by the planning authority which are outside the powers of control imposed by attaching planning conditions, which are constrained by the law (see Chapter 14). Nevertheless, Circular 1/97 emphasises that, if there is a choice between imposing a planning condition or entering into an obligation, the imposition of a condition is to be preferred because it allows the developer the opportunity to appeal to the Secretary of State.
