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Section 13 Agreements

Section 13 of the Town and Country Planning Act 1999 allows DEFA to enter into legal agreements in relation to planning matters. Such agreements are not the same as a condition attached to a planning approval and can relate to other matters, for example commuted sums to enable the off-site provision of open space or affordable housing.

The Department has adopted Operational Policy to provide clarification on how planning applications will be processed where agreements may be required. It is published in light of the commitment in the Isle of Man Strategic Plan to produce Supplementary Guidance in relation to agreements (see paragraph 6.4.2). It is noted that a number of changes to legislation, policy and process will result from the implementation of the Reform of the Planning System. This Operational Policy will therefore be kept under review, in light of any updating of the Island Development Plan and/or the introduction of a Community Infrastructure Levy.

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