Planning obligations supplementary planning document consultation
You said, We did
Consultation Results Summary
38 responses were reeceived.
- Feedback on the draft SPD highlighted the need for clearer, more consistent and transparent guidance on how all Section 106 contributions are secured, calculated and applied, and how they support infrastructure delivery.
- Concerns were raised that contribution levels did not always fully reflect the true cost of mitigating development impacts, with knock‑on pressures for services over time.
- Respondents highlighted the importance of ensuring obligations remain proportionate, viable and legally robust.
- Following consultation we have updated borough‑wide guidance on when obligations are required, what types of contributions may be sought, and how they align with planning policy. The SPD is now a material consideration in decision‑making.
- The SPD updates contributions across infrastructure types to better reflect identified needs and costs, informed by evidence.
- The SPD reaffirms that all Section 106 obligations must comply with the Community Infrastructure Levy (CIL) Regulation 122 tests and clarifies procedural matters to ensure obligations are auditable justified, transparent and deliverable.
Walsall Council adopted the Planning Obligations Supplementary Planning Document at the Cabinet meeting of 10 December 2025 (agenda item 10).
The draft SPD outlines how we will use planning obligations (Section 106 agreements) to ensure that new developments contribute fairly to local infrastructure, services, and environmental improvements.
It will help developers understand the type and scale of planning obligation requirements. It outlines their responsibilities, which speeds up the planning process.
The SPD will support policies in the development plan and will replace some of our existing SPDs.
Main proposals in the SPD
The SPD includes the following key proposals:
- updated requirements to support school expansions
- revised method for calculating contributions to parks and open spaces
- how contributions can enhance biodiversity and safeguard existing ecological assets.
- sustainable travel
- indemnity agreements and updated monitoring fees
- viability assessments
It also addresses:
- financial and non-financial obligations
- when and how obligations apply, with development thresholds
- our approach to securing affordable housing
- on-site provision of open spaces, or payments for off-site improvements
- the infrastructure needs to support planned growth in Walsall (linked to the Infrastructure Delivery Plan (IDP))
Full draft SPD and summary
-
Planning obligations SPD - draft for consultation
-
Planning obligations SPD - draft for consultation summary
What happens next
We will consider all the comments we've received. Where needed, we'll make changes to the document.
We will then send a report to Cabinet that includes:
- a summary of the comments
- how we'll take the comments into account
- feedback and our responses will shape either a revised SPD for further consultation or a final version for adoption
Once the SPD is adopted it will become a material consideration in determining planning applications negotiating planning obligations. It will provide clarity for for developers and support sustainable development.
The SPD is a living document. It will be updated needed to reflect changes in policy, development trends, and infrastructure requirements.