Planning Obligations
Information and requirements for your application
The revised Planning Obligations SPD consultation ran until 16 April 2026. The Council is now considering the comments made and finalising the document.
For more information and links to documents, please visit - Supplementary planning documents (SPDs).
You may be asked to enter Planning Obligations as part of a development.
Planning Obligations are also referred to as Section 106 agreements (based on that section of The 1990 Town & Country Planning Act).
Planning Obligations are usually private legal agreements between the local authority and the developer and are attached to a planning permission to make acceptable development which would otherwise by unacceptable in planning terms.
New developments can create a need for additional infrastructure or improved community services and facilities to enhance local amenity and sustain the quality of the environment. Planning Obligations are a means of securing additional requirements.
Planning Obligations can also be entered into unilaterally by the persons interested in the land, commonly referred to as a Unilateral Undertaking.
Our Planning Obligation Monitoring Fees can be viewed within this document, Planning Obligation Monitoring Fees.
How does Eastleigh Borough Council approach Planning Obligations?
The levels and types of contributions required
The Eastleigh Borough Local Plan Review sets out the role of Planning Obligations and developer’s contributions in providing resources to achieve the objectives of the Local Plan and to meet, as far as possible, the infrastructure costs arising from development and the needs of the growing community.
We have adopted a Supplementary Planning Document (SPD) and associated Background Paper on Planning Obligations which provides additional guidance on the legal and policy basis for the negotiating of planning obligations, and enables awareness of Planning Obligations and give transparency to the process of negotiations:
This allows developers and others to estimate the level of contributions to be sought for any development. However, we still advise that developers seek pre-application advice on Planning Obligations and officers will provide information on the relevant infrastructure projects on which financial contributions will be spent or which are necessary to be provided on the development site.
To ensure the contributions maintain their spending capacity, all contributions to Eastleigh Borough Council projects are subject to indexation to the Retail Price Index (excluding mortgages), whilst Hampshire County Council use PUBSEC indexation.