In the planning application process, councils often require a form of legal agreement where the applicant has to promise to do something. This can be anything from 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 or by Unilateral Obligation. While the former takes several months, the latter can be done in a few weeks. The end result is the same, and at HEAL Planning Appeals, we can deal with both.
In the appeal process, 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 and the local authority.
Section 106 Agreements should usually be drawn up by or overseen by a qualified professional (solicitor) who will produce the agreement. It should 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 and need to be submitted both to the Planning Inspectorate and the Local Planning Authority. 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 these services to architects and planning practices that are dealing with the application or appeal.
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 a professional service normally experienced at a law firm but at a more competitive price.
