Section 106 agreements and unilateral undertakings
Request an undertaking and costs
Please submit the relevant S.106 Request Form with a non-refundable legal fee of £120, Ordnance Survey Site Plan and Land Registry title (register and title plan) with the planning application and the planning application fee to District Development, Causeway House, Braintree. The balance of the legal fees will be payable on completion.
On receipt the Council’s S106 Monitoring Officer will draft the S.106 Agreement. It will be sent to you or your solicitor for signature.
The Agreement must be signed
The Agreement must be signed by all landowners and persons with a legal interest in the site, including any Lender. Please note that if there is a mortgage on the site the Agreement must be executed by the mortgage company.
Costs and fees
The applicant is to pay the Council's legal fees in connection with the S.106 Agreement. If requesting an undertaking a non-refundable £120 is payable with the balance due on completion.
There is a £300 Monitoring Fee payable on completion of the S.106 Agreement to enable the Council to effectively monitor for commencement of development, collection of the contribution and expenditure in accordance with the Agreement. S.106 Agreements with more than one obligation to be monitored will pay an additional Monitoring Fee of £300 per additional trigger within the Agreement.
The planning application cannot be determined until the S.106 Agreement has been completed. If this cannot be achieved within the 8 or 13 week life of the planning application, the application is likely to be refused.
If the planning application is refused after the Agreement has been completed and the £300 Monitoring Fee (or multiples thereof) has been paid, the Monitoring Fee will be held for six months or until the outcome of an appeal, at which time a refund may be requested.