ABSTRACT
Planning gain, planning obligations and developer contributions are all terms that have been used over the last 30 years to describe the content of contractual agreements (known as ‘planning agreements’). Such agreements are normally based on Section 106 of the Town and Country Planning Act 1990 (as amended; HMSO, c1990), but do draw on empowerment from other areas of legislation, perhaps most commonly Section 278 of the Highways Act, 1980 (HMSO, 1980). Agreements between those seeking planning permission (usually property developers) and Local Planning Authorities (LPAs) normally address and seek to mitigate the negative social impacts of new development proposals by providing appropriate community infrastructure. For many councils, revenue from such contributions (in cash or works in kind) has become crucial in providing community infrastructure and meeting the policy objectives of the Government's Sustainable Communities agenda.
