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Planning Obligations/Draft Heads of Term for Section 106 Agreements

When is this required?

Draft heads of terms for Section 106 agreements (anticipated planning obligations) will be required for planning applications where:

  • planning guidance / policy identifies a requirement for associated infrastructure and/or affordable housing; or
  • the application relates to a major development; or
  • pre-application discussions have identified a need for a planning obligation, draft heads of terms for a section 106 agreement or a draft unilateral undertaking should be provided before the application is registered.

What information is required?

In addition to the supplied draft Heads of Terms, solicitor's contact details should be provided and confirmation that the applicant will pay the Council's reasonable legal costs of drafting/negotiating the Section 106 Obligation.

Relevant policy and reason for the document:

North Devon and Torridge Local Plan 2011-2031: http://consult.torridge.gov.uk/portal/planning/localplan/adoption/

North Devon and Torridge Local Plan ST17: A Balanced Housing Market

North Devon and Torridge Local Plan ST18: Affordable Housing on Development Sites

North Devon and Torridge Local Plan ST23: Infrastructure

North Devon and Torridge Local Plan DM10: Green Infrastructure Provision

Further information

Planning Practice Guidance: https://www.gov.uk/guidance/planning-obligations

Planning Portal: changes to use classes introduced 1st September 2020.

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