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Section 106 - Planning Obligations Update

In light of the Planning Inspectors Newsletter No 9 article , and a number of recent appeal decisions, the Local Planning Authority have now reviewed its policy with regard to 'upfront' payments in lieu of S106 Agreements. The article can be found on the newsletter at the Planning Inspectorate's website . 

With Effect 1st July 08 all applications that result in a net increase in residential units, and necessitate mitigation towards heathland management, recreation space or highway infrastructure, will need to demonstrate that appropriate mitigation is secured by means of a legal agreement. In accordance with the adopted validation check list all applications will therefore either require a unilateral undertaking or Draft Heads of Agreement on submission of an application for Planning Permission. No upfront payments will be accepted.