Section 106: Services, amenities and infrastructure
Where pre-application advice confirms that a legal agreement will be required the following information should be supplied with your planning application:
your proposed heads of terms or a draft legal agreement;
copies of title deeds;
an undertaking to pay the Council's legal costs in connection with the preparation of a Section 106 agreement;
the contact address and name of the solicitor representing you or your client.
The Council has developed a series of standard agreements and the Case Officer will supply these to you.
When an application is to be approved there will be a focus on completing the whole process within the required 13 week timescale. It will be expected that the legal agreement will be completed at the latest 2 days prior to the application expiry date.
If pre-application discussion has included information on the Section 106 contributions arising from the proposal it would be helpful to the Case Officer to have an indication of whether the required contributions are acceptable to the applicant.
The Council will proceed with drafting a Section 106 agreement on the understanding that the applicant pays any costs arising should the application eventually be refused. Given the target to determine major applications within 13 weeks, early contact and preparation of agreements is beneficial.
The Council expects Section 106 agreements to be completed promptly following the Committee resolution, with all contributions index linked and payments normally made prior to first occupation.