If a planning application requires a planning obligation section 106 agreement, the applicant or agent will be informed as soon as possible, usually at pre-application stage, assuming pre-application advice has been sought.
Planning obligations can be fulfilled either through completion of a Unilateral Undertaking, where the owner/developer agrees unilaterally to make financial contributions to various infrastructure requirements, or through completion of a s106 legal agreement, where multilateral agreement is reached by all parties (for example, owner/developer, Dacorum Borough Council, Hertfordshire County Council).
Planning applications for anything up to five dwellings can usually be dealt with through a Unilateral Undertaking, by completing our standard template. This should be agreed with the planning case officer before being signed. Once evidence of title has been submitted and the administrative fees (£150 to Dacorum Borough Council and £75 to Hertfordshire County Council) for checking / dealing with the agreement have been paid, the application can be granted / determined.
Planning applications requiring section 106 agreements are determined by the Development Management Committee.
The committee report will include suggested heads of terms for the agreement which will usually have been negotiated and agreed with the applicant or their agent beforehand.
If the Development Management Committee resolves to grant planning permission subject to a section 106 agreement:
- when the content of the agreement has been agreed, it will be signed and sealed by the applicant and then by the Local Planning Authority
- once the agreement has been completed and all legal fees paid, the planning permission will be issued by the LPA.
Planning permission will not be granted until this process is completed and the development should not be started until this has happened.
Please note that s106 agreements are normally dealt with by our Planning Solicitor or by external solicitors appointed by us, and the owner/developer will be liable to pay our/external solicitors' legal fees for drafting and completing the agreement.