Planning permission

Planning Application Obligations for Development – SAMM contribution

Thanet District Council collects contributions on residential and related  developments towards the Strategic Access Management and Monitoring (SAMM) plan, which provides a strategy to mitigate the potential in-combination impacts of new housing development and resulting recreation pressure on the Thanet Coast and Sandwich Bay Special Protection Area (SPA).

The whole of the Thanet District is within the Zone of Influence of the SAMM area. The Council can only agree to a proposed residential and hotel/holiday accommodation development if we know that it will not have a significant effect on the protected sites. The only methodology recognised by Natural England to demonstrate that development will have no significant impact upon the protected sites is by contributing towards the mitigation measures within the SAMM.

To secure the contribution, the Council will require the submission of a unilateral undertaking under Section 106 of the Planning Act. This is attached to any planning permission to make the development acceptable that wouldn’t otherwise be allowed. The land itself is then bound by the legal agreement.

The Council have produced a draft Unilateral undertaking for use for planning applications where the creation of one or more residential units is proposed and the SAMM contribution is the only contribution required. This would apply to development which creates between 1 and 9 units. The draft agreement is here: Thanet Unilateral Undertaking

The tariff for the SAMM must be calculated as per the table below:

The correct total figure of contribution in relation to your development must be entered into the unilateral undertaking.

Because planning obligations run with the land, all owners, lessees and mortgagees must be signatories. Obligations can have significant effects on the use, and therefore value of, the land. The Council must satisfy itself that all those with a legal interest in the land are ascertained. As a planning obligation can be enforced by the Council against any person deriving title from the owner and against the person entering into the obligation, the Council requires all those interested in the land (including all owners, lessees and mortgagees) to sign the legal instrument containing the planning obligation.

We strongly advise that independent legal advice is taken before entering into a planning obligation. You may wish your legal adviser to draw up the Planning obligation unilateral.

Due to the government mandated determination deadlines for planning applications, a fully completed draft copy of the unilateral, is required within 28 days of the valid date of the application. If we do not receive a draft unilateral undertaking for the development by this date, then the Council will be minded to refuse the application.

The responsibility to ensure this deed is correct rests with the applicant and their advisors.

Once the draft has been checked by the planning officer, we will require the submission of 2 copies of an original signed agreement, an official search 3 without priority for the land (land registry documents), and a colour plan indicating the site (edged in red) before planning permission can be granted.

If officer are minded to refuse the application, we will not seek a completed signed unilateral undertaking from you.

Land Registry Documents

We require an Official Search without priority to be submitted, including up to date copy of HM Land Registry‟s “Official copy of register of title‟, comprising three parts. Part A (Property Register) describes the land and estate comprised in the title. Part B (Proprietorship Register) specifies the class of property title (i.e. the type of rights). Part C (Charges Register) contains any charges and other matters that affect the land (e.g. mortgages and other loans secured on the land).

Further guidance is available here:

https://www.gov.uk/government/publications/official-search-without-priority-os3

https://www.gov.uk/government/publications/official-searches-and-outline-applications/practice-guide-12-official-searches-and-outline-applications

https://www.gov.uk/guidance/apply-for-hm-land-registry-business-e-services

https://www.gov.uk/guidance/land-registry-portal-how-to-request-official-copies

The Council does not accept the online title register as sufficient proof of ownership for the purposes of entering into a planning obligation under Section 106 of the Planning Act.

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Other Information

Please note that it is your responsibility to ensure that the Deed has been properly completed and executed. If it has not, the Deed will not be accepted and you will be required to re-execute the Deed and this will cause delay and may result in your application being refused.

The Council cannot accept payment for any obligations prior to the Unilateral Undertaking and the granting of an associated planning permission, therefore we will not accept any payments prior to the granting of a planning permission.