Procedure and timetable

You will need to supply the information requested within the correct time frame. If the legal agreement (S106) is not completed within the timetable for the planning application, it will be seen as a refusal to enter into an agreement and a refusal to comply with the relevant policies in the Local Plan. In this case, the application would be refused.

You should also be aware that if we ask you to enter into a legal agreement, this does not imply that your proposal will automatically be granted planning permission. The completion of a draft legal (S106) agreement will not influence our decision on any planning application.

Responsibilities and actions for a S106

Applicant

Applicant responsibilities
Action	Target deadline
Supply information to the Planning Case Officer: Full name of the person(s) or company registered as the owner(s) of the site, including registered company & office numbers Proof of title - such as copy of deeds Name and address of your solicitor (if applicable) A plan showing the land	With the planning application
Agree the draft agreement and sign final agreement	Within 14 days of the date of the draft agreement being sent to the applicant or applicant's solicitor
Compliance with agreement.	If financial payment is required, make payment to the council via either case officer or compliance officer in the built environment, usually when the development is started
Write to the planning case officer or compliance officer to confirm that all aspects of the legal agreement have been complied with	Once all the requirements of the legal agreement have been fulfilled

Council's legal team

Legal team responsibilities
Action	Target deadline
Prepare formal draft of agreement, and send a copy to applicant (or applicant's solicitor)	Within 10 days of receiving the relevant information from the applicant - this is for straightforward cases. Within 28 days for more complex agreements and applications
Seal legal (S106) agreement.	Within 2 days of a resolution to grant permission

Planning case officer

Planning case officer responsibilities
Action	Target deadline
Report planning application to planning committee or draft decision according to the council's scheme of delegation	Within 13 weeks of registering the application for 'major' applications. Within 8 weeks of registering the application for other applications
Issue decision notice	Within 3 days of confirmation that the legal (S106) agreement has been completed
If agreement is not completed within the required timescale, determine application with a recommendation for refusal	Next available planning committee (if further committee decision required) or in accordance with the council's scheme of delegation
Send a letter confirming that the legal agreement has been fully complied with	Within 14 days of receiving confirmation from applicant and all relevant council departments that the requirements of the legal agreement have been complied with