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Property Development: Planning Permission

Asked by Sojan JosephLabourMinistry of Housing, Communities and Local GovernmentTabled Answered 30 January 2025UIN 26760

The question

To ask the Secretary of State for Housing, Communities and Local Government, what discussions her Department has had with local authorities on the implications of developers failing to meet their commitments in planning agreements under Section 106 of the Town and Country Planning Act 1990.

Answered by Matthew Pennycook

The government is clear that developers must deliver on their planning obligations. Section 106 planning obligations are legal agreements, and a local planning authority may take enforcement action in respect of any breach of the obligations contained within them. Enforcement is at the discretion of the local planning authority, and therefore it is for the local planning authority to decide whether enforcement action is appropriate in each case.

The government is committed to strengthening the existing system of developer contributions to ensure new developments provide necessary affordable homes and infrastructure. Further details will be set out in due course.

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