Planning Application Obligations for Residential Development between 1-9 units
Thanet District Council has been collecting contributions on developments of 10 dwellings or more 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 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.
The Council has sought contributions on the “10 or more” basis pending the finalising of the Council’s housing target within the new Local Plan. With the submission of the Draft Local Plan to the Planning Inspectorate on the 30th October 2018, the Council has set the housing target within the plan period to 2031 as 17,140. In agreement with Natural England, any planning application for new residential development of any amount, including developments for the creation of new units within changes of use, submitted or validated after the 30th October 2018 will be required to contribute towards the SAMM prior to any approval of an application.
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:
|Tariff per dwelling– including requirement for in-perpetuity funding||‘17k’ Tariff 17,140 total Balance of 12568|
|1 bedroom flat||£202|
|2 bedroom house or 2bedroom flat ||£320|
|3 bedroom house||£424|
|4+ bedroom house||£530|
|Average tariff per dwelling||£350|
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.
A fully completed draft copy of the unilateral, is required within 28 days of the valid date of the application. If this is not received, the Council will be minded to refuse the application.
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 received 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:
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.