Confirm consideration of proposals in relation to community benefits
Confirm community benefits consideration
The Government should legislate to confirm the provision of community benefits is a material consideration in planning decisions. This will require primary legislation given the existing case law on the consideration of community benefits.
MHCLG should issue clearer guidance on what matters are to be included as part of community benefits, and which should be excluded from section 106 agreement.
Government Response: Declined to legislate on community benefits
The Government has declined to implement this recommendation. It will not legislate to make community benefits a material planning consideration, arguing that doing so would risk novel legal challenges, create delay, and undermine long-established planning principles. Instead, the Government is strengthening policy expectations in the NPS framework and considering changes to s106 guidance. This falls fundamentally short of the Taskforce's recommendation, which specifically called for primary legislation to override existing case law prohibiting the consideration of community benefits in planning decisions.
Primary Owner
Taskforce target: December 2027
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