THE USE OF UNILATERAL UNDERTAKINGS

AND ASSOCIATED COSTS

UNDER SECTION 106 TOWN & COUNTRY PLANNING ACT 1990

WITH EFFECT FROM 1 DECEMBER 2007

In October 2006 the Council adopted a Supplementary Planning Document requiring the developers of all new dwellings in the district to contribute to the provision of social infrastructure including open space, sport and recreation.

The Council wishes to enable developers to conveniently and effectively make the appropriate contributions so as to address their obligations to the Councils policy in a manner which is consistent and a prudent use of the Councils resources. It remains an applicants responsibility to address the Councils policy requirements and the Council expects professional agents to advise their clients appropriately of the Councils usual requirements and normal timescales for the conclusion of any Section 106.

The Council has prepared a model Section 106 unilateral undertaking which contains the provisions that are considered appropriate to satisfy the Council’s requirements. From 1st December in appropriate cases at the Council’s discretion, applicants or developers will be invited to complete and execute this unilateral undertaking to assist them to promptly satisfy the policy.

If the unilateral undertaking is to be accepted, then applicants will need to provide:

• The executed unilateral undertaking;
• Full and current title documentation;
• The legal checking fee (currently £150) . This is to cover our costs in checking your ability to enter a satisfactory unilateral undertaking;
• Any appropriate physical and/or financial compliance monitoring fees which will be advised by the planning case officer (currently £300 for each covenant requiring financial monitoring and £300 for each covenant also requiring physical on site monitoring).

If the completed Section 106 unilateral undertaking or agreement is NOT provided with this documentation in a satisfactory format within 6 weeks of receipt of the application, then you need to be aware that your application may be at risk of refusal for failure to comply with the Council’s policy.

You should note that the Council’s model undertaking cannot include a provision for repayment of any compliance monitoring fees. If you do not implement a related planning permission and that expires the Council will consider requests for a refund of any compliance monitoring fees sympathetically. If you enter a unilateral undertaking and the Council refuse planning permission, the Council will consider requests for a refund of any compliance monitoring fees sympathetically AFTER the statutory appeal period expires (currently 6 months). The Council reserves the right to deduct a 10% administration charge for each relevant covenant where a refund is made.

Updated 1st July 2008