Spelthorne Borough Council

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Ashford, Laleham, Shepperton, Staines, Stanwell & Sunbury

Developer Contributions and Legal Agreements

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The Council will expect any necessary off-site infrastructure or affordable housing to be provided by the developer.  Planning permission will only be issued once a legal agreement to secure the required provision has been signed.

Legal Agreements - general
Currently agreements on developer contributions are usually made under Section 106 of the Town and Country Planning Act.  The Government has introduced a new system called the Community Infrastructure Levy (CIL) which will in due course partly replace the use of agreements under Section 106 of the Planning Act.  

The Council's Cabinet agreed on 20 September 2011 to introduce the CIL system and work is progressing on its introduction.

Early preparation of Legal Agreements
The Council wants to ensure that identifying infrastructure needs and preparation of legal agreements does not unnecessarily delay the issuing of planning permissions.  It is important therefore that the 'heads of terms' for an agreement are discussed and agreed with the Council at the pre-application stage.  The applicant should at this stage also ensure that all those who will need to be party to the agreement have been identified and agree with the proposed detail.

The applicant's solicitor can then, in conjunction with the Council's Legal Section, ensure the agreement is ready to be signed at the time the planning application itself is determined.

Costs
The Council will expect its legal costs for the completion of an agreement to be met by the applicant.  It will also require a monitoring fee to cover the future cost of monitoring the implementation of the agreement.

Model Agreements
Templates for three types of model agreement currently used by the Council are listed below.  These can be adjusted to suit the circumstances of each case:
Information about existing agreements and developer contributions
Regular reports are presented to the Council's Planning Committee on those schemes where contributions have been negotiated and the progress in collecting and spending the monies:
Further information
For further general information on the likely need for developer contributions and associated legal agreements please contact  Paul Underwood, Assistant Head of Planning (Development Management) or Esme Spinks, Principal Planning Officer.


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