Planning Obligations - A Guide to Section 106 and Developer Contributions 2014 (SPD2)
Ended on the 15 December 2014
For instructions on how to use the system and make comments, please see our help guide.
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 |
For instructions on how to use the system and make comments, please see our help guide.