Setting up a Section 106 agreement

If you want to submit a Section 106 agreement as part of your planing application, you need to send us a Section 106 request form.

You can find out what form to complete and how much you need to pay on our Section 106 agreements and unilateral undertakings pages

We cannot determine your planning application until we have received a completed S106 agreement. If you cannot achieve this in 8 or 13 week life of the planning application, we will not grant you planning permission.

When we receive your request, our S106 officer will:

  • check you have paid the right amount
  • draft you section 106 agreement
  • send it to you or your solicitor

Returning the Section106 agreement

Before you return the Section 106 agreement, you must make sure it is it must be signed by:

  • all landowners
  • anyone with a legal interest in the site
  • any lenders who have an interest in the site

If there is a mortgage on the site, the mortgage company must execute the agreement.

Once all patries have signed the agreemen, you can return it, along with any outstanding legal fees to our Development Management team as part of your planning application.

Costs and fees

You must pay the balance of any legal fees when you submit your Section 106 agreement as part of your planning application.

You will need to pay a £300 monitoring fee

When we complete the Section 106 agreement, you will have to pay us a £300 monitoring fee. This allows us to:

  • effectively monitor the start of the development work
  • collect the financial contributions
  • monitor that you are complying with the agreement

For residential annexes we need the fee to to monitor:

  • future occupation
  • changes of ownership

There is an additional monitoring fee of additional fee of £300 for every additional obligation trigger in the agreement.

If we refuse your planning application after you have completed the agrrement and paid the monitoring fee, we will hold the fee for:

  • six months or
  • until the outcome of a planning appeal

After this you can ask us to refund the monitoring fee to you

 

Section 106 and Unilateral Undertakings

Address: Causeway House
Bocking End
Braintree
Essex
CM7 9HB

Telephone: 01376 552525