Planning Obligations - A Guide to Section 106 and Developer Contributions 2014 (SPD2)

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Appendix 2:


Procedure for Negotiating, Preparing and Completing a Legal Agreement

Stage Actions Paragraph ref. in SPD Responsibility
Pre Application Applicant to consider relevant policies and this SPD prior to submitting proposal for pre-application discussion 3.2-3.3 Applicant
Need for planning obligations established and applicant provided with written advice following pre-application discussions. Any need for a S38 or S278 agreement also identified at this stage. 3.2-3.3 Case Officer
Submission of planning application Check validity of application 3.4 Business Support Team
Consultation with key stakeholders Business Support Team/Case Officer
Consideration of planning application and preparation of legal agreement Consideration by case officer and other key stakeholders in relation to policy, this SPD, Circular tests etc. 3.5 – 3.8 Case Officer
Further negotiation meetings held if necessary, including stakeholder representatives where relevant 3.5 – 3.8 Applicant/Case Officer/Legal
Ensure all financial and title matters are in order Legal
Draft legal agreement (including S38 or S278 agreement if relevant) sent to applicant’s solicitors for consideration 3.10 Legal
Agreed heads of terms and triggers to be included in committee report 3.8 Case Officer
Committee consideration If proposal acceptable, resolution to delegate authority to Group Manager of DC & BC to grant permission subject to completion of legal agreement 3.9 Committee
Timeframe for completion of legal agreement imposed (which is likely to be directly related to Government targets for determination of applications) 3.9 Committee
Legal agreement completion
Post legal agreement completion Copy of legal agreement and decision notice(s) sent to applicant’s solicitor and applicant/agent Legal/Business Support Team/ S106 and CIL Officer
Copy of S106 placed on Statutory Register and register updated to show that permission has been granted Business Support Team
Agreements and consents registered as local land charges 3.13 Legal
Agreement registered as a charge against the title at HM Land Registry 3.13 Applicant
Monitoring Details of agreement including clauses and triggers recorded on database 3.14 – 3.15 S106 and CIL Officer
Implementation of planning permissions monitored 3.14 – 3.15 S106 and CIL Officer
Fulfilment of applicant’s and Council’s obligations monitored and recorded on database. Compliance enforced as necessary 3.14 – 3.15 S106 and CIL Officer
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