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"Section 106 Agreements" and "Unilateral Undertakings" are types of Planning Obligation authorised by Section 106 of the Town and Country Planning Act 1990 as amended by Planning and Compensation Act 1991 Section 12.
A planning obligation is a legal agreement between the planning authority and the applicant/developer and any others that may have an interest in the land. An obligation either requires the developer to do something or restricts what can be done with land following the granting of planning permission. A planning obligation should represent a benefit for the land and/or the locality. Applicants will not be asked to solve existing problems, although they may be asked to contribute towards resolving an existing problem if the proposed development would make things worse.
Obligations are registered as Local Land Charges and are normally enforceable against the people entering into the obligation and any subsequent owner of the site. All planning obligations are legal instruments executed as deeds. Therefore, you may need to employ a planning agent and/or a solicitor to act on your behalf. Applicants are encouraged to ensure the agreement is completed quickly and signed by relevant parties including mortgagees as failure to complete an agreement will result in planning permission being refused.
For residential schemes a simple calculator for determining the estimated contribution required is available below. Please note this is a guide only and necessary contribution will be confirmed once your application is registered.
Please note also that the calculator does not include contributions that may be required towards affordable housing. Current estimates of these can be found in the Affordable Housing SPD and Indicative Contributions Table, both available on the Affordable Housing DPD| page.
Developer Contributions Calculation Guide| (Microsoft Excel Workbook)
If you have difficulty with this Excel workbook, you may try an online version here:
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