Chapter 8The Planning System
R36Abandoned

Confirm consideration of proposals in relation to community benefits

Confirm community benefits consideration

Full Recommendation Text

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.

Update Timeline
Off Track

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.

Policy Paper • DESNZ, March 2026
Government explicitly declined to legislate. NPS and s106 guidance changes do not constitute the legal reform recommended.
Ownership

Primary Owner

MHCLG
Delivery Timeline
31 Dec 27

Taskforce target: December 2027

Scope

Sectors

civil

Domains

planningcommunity
Implementation Type
primary legislationguidance

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