FAQs

Planning obligations (also known as Section 106 Agreements) are legal agreements negotiated between developers and OPDC. They are intended to mitigate or offset the negative impacts of development or to prescribe the nature of a development.

Planning obligations can be financial (e.g.: a payment made to OPDC for public realm improvements) or non-financial (e.g.: affordable housing).

Planning obligations have to meet the Regulation 122 statutory tests where they must be:

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

The Planning Obligations Supplementary Planning Document (SPD) is a guidance document which explains OPDC's approach to using planning obligations. The SPD sets out the circumstances under which planning obligations will be sought.

The SPD provides additional guidance on matters covered in the OPDC Local Plan (2022) and is a material consideration in the determination of planning obligations.

The SPD has been prepared to provide advice to developers, landowners, residents and other stakeholders on OPDC's position regarding the use of Section 106 planning obligations.

The SPD and associated documents can be accessed from the document panel on this page. Copies will also be available in local venues.

You can provide feedback by emailing your comments to planningpolicy@opdc.london.gov.uk.

You can post your comments to: Draft Planning Obligations SPD Consultation, Old Oak and Park Royal Development Corporation, 32 Engineers Way, Wembley, HA9 0FJ.

The SPD has been completely redrafted to take account of the now adopted Local Plan (2022) and comments from the previous round of consultation. The consultation statement in the documents section sets out all the responses to the comments made in 2019 and where these have led to changes.

Following the end of the consultation all feedback will be reviewed and considered, and where appropriate, changes will be made to the SPD. This will be set out in a consultation statement.

The final draft SPD will go through the process to be adopted by OPDC's Board.