CIL and planning obligations
Planning obligation agreements
Planning obligations, also known as Section 106 agreements, are made between us and developers.
They can be attached to a planning permission to make development acceptable that wouldn’t otherwise be allowed. It’s the land itself that is then bound by a legal agreement.
They can also restrict the development or use of the land, or require specific operations or activities to be carried out.
Commonly, agreements will include obligations for payment of money to us as mitigation for impacts of a proposed development, including providing for community infrastructure and affordable housing required under planning policies.
We strongly recommend that advice is sought from the planning officer at the pre-application stage. This will prevent delays and ensure that sufficient detail is submitted to enable us to assess your application.
You should also check to see if you are in one of our Special Protection Areas for mitigating the effects of development on habitats. If you are then a contribution will be required to pay for this mitigation.
How to make an obligation
If a legal agreement is required, we advise submitting a draft agreement with your planning application.
- Planning obligation unilateral - to be used for all other obligations given unilaterally. Cost: £600 or an hourly rate of £200 if more than five hours work.
- Agreement - to be used where there are a number of obligations to be given and we are party to the agreement. Cost: £800 or an hourly rate of £200 if more than five hours work.
We'll confirm all costs with you and send an invoice for payment. Any fees paid for work undertaken are non-refundable.
Any necessary Land Registry searches will need to be paid for by the applicant.
Section 106 monitoring fees
As well as legal fees, a non-refundable s106 monitoring fee must be paid on completion of the s106 agreement, and will be included in this agreement as an obligation.
The fee will be charged at a flat rate for each s106 agreement, as follows:
- Development of between 1 and 10 residential properties - £100 per property
- Development of between 11 and 99 residential properties - £5,000
- Development of 100 residential properties or more - £10,000
The fee is to cover admin costs of monitoring and reporting on s106 agreements.
Because planning obligations run with the land, all owners, leaseholders and mortgage holders must be signatories. Obligations can have significant effects on the use, and therefore value of, the land. We strongly advise that independent legal advice is taken before entering into a planning obligation.
You may wish your legal adviser to draw up the Planning obligation Unilateral or Agreement.
We will need to check and amend/ agree the draft. We will incur legal fees for this service in the same amount as those set out above, and invoice you for these in the same way.
Should you have any queries regarding this, please contact our legal department.
What happens next?
Once your agreement has been completed and planning permission has been granted, you'll need to refer to the obligation for details of the timings of payments and/or delivery of infrastructure.
For more information on invoicing and payment please email [email protected]