Procedure and timetable

You are required 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 as such, a refusal to comply with the relevant policies in the Local Plan. In this case, the application would be determined by way of refusal.

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 prejudice our decision on any planning application.


Responsibility

Action

Target deadline

Applicant

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 - e.g. copy of deeds.
  • Name and address of your solicitor (if applicable).
  • A plan showing the land.

With the planning application.

Council's Legal Team

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.

Applicant

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.

Planning case officer

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.

Council's legal team

Seal legal (S106) agreement.

Within 2 days of a resolution to grant permission

Planning case officer

Issue decision notice.

Within 3 days of confirmation that the legal (S106) agreement has been completed.

Planning case officer

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.

Applicant

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.


Applicant

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.

Planning case officer

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.