Planning obligations draft heads of terms

Local requirement

Types of application and criteria

Usually required for all major development or schemes where there are any off-site mitigation measures identified, most notably when off-site highway improvements are required.

Guidance and links to further information

The draft heads of terms template must include the following details:

  • details of the proposal
  • details of what the agreement is for
  • title deeds and Land Registry information
  • names and addresses of the interested parties
  • name and address and contact details of the instructed solicitor

We have put together a draft head of terms template with relevant contact details.

The local policies and supplementary planning documents (SPDs) relating to affordable housing, green spaces and education payments provide specific guidance on circumstances in which contributions towards infrastructure would normally be expected and this can be clarified by seeking pre-application advice. Consequently, it is a reasonable expectation that this information is provided, thus helping to reduce delay in the decision-making process.

If the developer considers that it is not financially viable to enter into a section 106 agreement or that they wish to make reduced payments or contributions, a development appraisal must be submitted.