| Fee | Cost | Reason |
|---|
| Legal fees | £265 per hour but subject to a minimum charge of £1100 for a new agreement and £680 for a variation | Towards the council's proper and reasonable legal and administrative costs for the preparation, execution and registration of the S106 Agreement. |
| Monitoring fees | £250 flat rate for Unilateral Undertakings/S106 for SPA mitigation £500 per trigger event on all other S106 agreements for financial obligations and non-financial obligations | Towards the council's costs of monitoring the compliance of the development with the terms of the S106 Agreement. |
The correct total figure of contribution in relation to your development must be entered into the Unilateral Undertaking. For outline applications the contribution will be determined at the reserved matters stage.
Because planning obligations run with the land, all persons with an interest in the land (including freeholders, leaseholders and mortgagees) must be identified and included as parties to the deed to ensure we can have confidence that the provisions of the obligation will be effective.
We strongly advise that independent legal advice is taken before entering into a planning obligation.
Due to the government mandated determination deadlines for planning applications, a fully completed electronic copy of the draft Unilateral Undertaking is required within 28 days of the valid date of the application. If we do not receive a draft Unilateral Undertaking for the development by this date, we will be minded to refuse the application as it will be unable to evidence compliance with regulation 63 of the Habitats Regulations 2017.
The responsibility to ensure this deed is correct rests with the applicant and their advisors.
Once the draft has been checked by us, we will confirm whether the draft is approved and then, if approved, will require the submission of an original signed version of the approved Unilateral Undertaking.
If we refuse the application, we will not seek a completed signed Unilateral Undertaking from you.
Please note, it is your responsibility to ensure that the deed has been properly completed and executed. If it has not, the deed will not be accepted and you will be required to re-execute the deed and this will cause delay and may result in your application being refused.
We cannot accept payment for any obligations prior to the acceptance of the Unilateral Undertaking and the granting of the associated planning permission.