A planning obligation is a legal agreement between the local planning authority, the applicant/developer and anyone else that has an interest in the land when a planning application is approved.
'Section 106 Agreements' and 'Unilateral Undertakings' are types of Planning Obligation authorised by Section 106 of the Town and Country Planning Act 1990.
An obligation either requires the developer to do something or restricts what can be done with land following planning permission being granted.
We register these obligations as Local Land Charges. They are executed as deeds so you may need to employ a planning agent or a solicitor to act on your behalf.
Contributions may be required if you are seeking planning permission for Dorset Heathlands mitigation and Poole Harbour mitigation.
In addition the development may be required to pay the Community Infrastructure Levy.
Dorset Heathlands Mitigation
Residential development within 400 metres of the heathlands is strictly controlled and mitigation is necessary between 400 metres and 5km of heathland. This is through Heathland Infrastructure Projects (HIPs) and Strategic, Access Management and Monitoring (SAMM).
HIPs are usually secured through the payment of Community Infrastructure Levy (CIL) but SAMMs are secured by planning obligation. You can check if your property is within 400 metres of a heathland on this map.
In accordance with the Dorset Heathlands SPD we will seek contributions towards SAMM at a rate of:
- £397 per house
- £271 per flat.
There is also an admin fee of 5% or a minimum of £75.
Poole Harbour Recreation Mitigation
In the Poole area, planning applications for residential development will have to avoid adverse effects on the integrity of Poole Harbour caused by the disturbance to protected birds. To mitigate the impact of additional visitors to the harbour we will seek contributions towards Strategic Access Management and Monitoring (SAMM) in accordance with the Poole Harbour Recreation SPD at a rate of:
- £141 per house
- £97 per flat.
There is an admin fee of 5% or a minimum of £25.
Other contributions, such as Affordable Housing, may be required and these will be explained by the planning officer through pre-application or during the planning application process.
Affordable housing in the Bournemouth area
For the Bournemouth area we have prepared indicative financial contributions for affordable housing provision where it is not possible to provide affordable dwellings on site. The contribution varies by area and dwelling type. You can view the Sub Market Area District Map and the contributions table for each sub area:
These tables are supported by a technical note. We also provide a guidance note on applying the vacant building credit and 10 unit threshold to affordable housing policy.
Planning obligations forms
We have standard templates you can complete in order to agree planning obligations with us. Currently these are based on which area your site is based.
For sites in the Bournemouth area you can view the:
For sites in the Christchurch area you can view the:
For sites in the Poole area you can view the:
- heads of terms form to submit alongside a planning application where a contribution will be required
- section 111 form for upfront payment of the Dorset Heathland and Poole Harbour mitigation.