Planning Obligation - A Guide to Section 106 and Developer Contributions
Ended on the 21 December 2009
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 | 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 | Case Officer | |
| Submission of planning application | Check validity of application | 3.3 | 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. | 3.4 – 3.7 | Case Officer |
| Further negotiation meetings held if necessary, including stakeholder representatives where relevant | 3.4 – 3.7 | Applicant/Case Officer/Legal | |
| Ensure all financial and title matters are in order | 3.11 | Legal | |
| Draft legal agreement (including S38 or S278 agreement if relevant) sent to applicant’s solicitors for consideration | 3.4 – 3.7, 3.9 | Legal | |
| Agreed heads of terms and triggers to be included in committee report. | 3.7 | 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 | 3.8 | Committee |
| Timeframe for completion of legal agreement imposed (which is likely to be directly related to Government targets for determination of applications) | 3.8 | Committee | |
| Legal agreement completion | |||
| Post legal agreement completion | Copy of legal agreement and decision notice(s) sent to applicant’s solicitor and applicant/agent, Business Support Team and S106 Monitoring Officer | 3.12 | Legal |
| Copy of S106 placed on Statutory Register and register updated to show that permission has been granted | 3.12 | Business Support Team | |
| Agreements and consents registered as local land charges | 3.12 | Legal | |
| Agreement registered as a charge against the title at HM Land Registry | 3.12 | Applicant | |
| Monitoring | Details of agreement including clauses and triggers recorded on database | 3.13 – 3.15 | S106 Monitoring Officer |
| Implementation of planning permissions monitored | 3.13 – 3.15 | S106 Monitoring Officer | |
| Fulfilment of applicant’s and Council’s obligations monitored and recorded on database. Compliance enforced as necessary | 3.13 – 3.15 | S106 Monitoring Officer |
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