Section 76 planning agreements

What is a Section 76 planning agreement?

A Section 76 planning agreement is a legally binding agreement, usually between the applicant or landowner and the council, to secure specific planning obligations necessary to make proposed development acceptable.

Typically, we use planning agreements to secure:

• affordable housing (social or intermediate housing)
• residential travel plans
• green travel measures such as travel cards, Belfast Bikes membership, car club membership, bicycle vouchers and travel funds
• management and maintenance of open space forming part of residential schemes
• student management plans (for Purpose Built Managed Student Accommodation)
• viability review mechanisms
• employability and skills plans to promote inclusive growth
• financial developer contributions

The planning agreement must be signed and completed before planning permission can be issued.

Model planning agreements

To ensure consistency, we draft all planning agreements rather than the applicant providing the initial draft. We draft planning agreements based on a series of model clauses that we have developed and which are updated periodically.

The model clauses cover these areas:

• affordable housing
• financial developer contributions
• employability and skills
• public realm
• open space
• property management
• green travel measures
• purpose-built managed student accommodation
• viability review mechanism

Where the model clauses are used, we commit to completing the planning agreement process and issuing the decision quicker. Deviation from the model clauses will only be permitted in exceptional circumstances.

Heads of Terms

Our Application checklist provides guidance on the type and level of information that needs to be provided with applications on submission. This includes the requirement for applicants to provide  a Heads of Terms form where a planning agreement is likely to be a prerequisite for the grant of planning permission.

The Heads of Terms Form contains the model clauses that are to be included as well as administrative information to support the planning agreement process.

The Heads of Terms Form includes:

• confirmation of the planning obligations that are to be contained in the planning agreement (including relevant trigger points)
• details of all owners or other parties who have an estate in the application site; and
• contact details for the applicant’s solicitor

Planning Committee

In the interests of timeliness and certainty around the process, applications that require a planning agreement will not normally be reported to the committee until the planning agreement has been agreed in principle by the Planning Service and applicant, including content and ownership details confirmed by the applicant’s solicitor.

This agreement is without prejudice to the committee’s decision on the application. Where the application is approved, the Planning Service will aim to issue the decision notice within ten working days from the end of the call-in process, following the committee's decision.

Pre-application Discussions

We encourage planning applicants to engage with us as soon as possible around the planning agreement process. This includes discussing the need and scope for a planning agreement as part of a Pre-application Discussion (PAD).