Frequently asked questions (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.

This draft SPD supersedes the previous Planning Obligations SPD which was adopted in June 2023. This draft SPD has been revised so that it can be adopted alongside OPDC’s CIL charging schedule. The revisions focus on removing those infrastructure elements which will now be principally funded through CIL rather than Section 106 contributions, once the CIL charging schedule is adopted.

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.

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 revised Planning Obligations SPD would be adopted alongside OPDC's Community Infrastructure Levy (CIL) Charging Schedule once it is ready for adoption following the Examination in Public.