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Section 106 Agreements including Unilateral Undertakings For Planning Applications and Appeals

In the planning application process councils often require a form of legal agreement to be entered into where the applicant has to promise to do something from in simple terms paying some money for a particular purpose or for setting aside some land for affordable housing on larger developments. This form of agreement or Obligation as it is defined in the legislation can be done either by agreement with the Council which normally takes several months to complete or by a Unilateral Obligation which can be done in a matter of a few weeks. The end result is the same and at Heal Planning we can deal with both.

In the appeal process just like with planning applications many types of objections can be overcome with a Unilateral Undertaking or Section 106 Agreement. These Unilateral Undertakings or Section 106 Agreements are considered by the Planning Inspectorate to be a binding commitment from the developer (Person or organisation that is applying for the permission) and the Local Authority.

Section 106 Agreements should usually be drawn up by or overseen a qualified professional (solicitor) who will produce the Section 106 to cover the requirements needed to overcome the harm or objection that otherwise would result in a refusal.

These Unilateral Undertakings and Agreements are a separate document to your appeal document and need to be submitted to both the Planning Inspectorate and the Local Planning Authority within the specified time scales. Clearly using the Unilateral Undertaking route is quicker and is totally within the applicant/appellant’s control to ensure that it is completed on time.

Here at HEAL Planning Appeals we are able to produce Unilateral Undertakings and Section 106 Agreements for our clients as an additional piece of work or as a standalone piece of work. We can also offer the services to Architects and planning practices which are dealing with the application or appeal and may need the expertise we can offer at an affordable price.

Pricing for both Unilateral Undertakings and the Section 106 Agreements is based upon the amount of work that is required and as such these are quoted on a case by case basis. However, our fixed costs and overheads are low so we can offer not only a professional service normally experienced at a law firm but at a price which is very competitive.

Section 106 Agreements