Drafting and completing the s.106
Once our allocated lawyer receives the cost undertaking, Legal Services will produce the first draft of the s.106.
Please do not ask your solicitor to prepare a draft. This will increase your legal costs and will delay the process.
The draft we produce will be based on the agreed Heads of Terms table (Table 1). We will use the Council's standard terms, for consistency and fairness for everyone. We will first send the draft to the planning officer for approval and Kent County Council's solicitor (if relevant) for any comments. We will then work with your solicitor to finalise the s.106.
If you need to mitigate the impact of your development on Stodmarsh Lakes, please read the additional information on the links below:
Final draft of the s.106
Once a final draft of the s.106 has been agreed, it will be published on the Council’s website for 7 or 14 days for public comments. Please see the Council's Statement of Community Involvement from paragraph 95 onwards. Public comments may result in revisions being made to the final draft.
Signing/sealing and completion
Once the process above has been completed, the s.106 will be printed and sent to your solicitor for signing by the parties other than the Council.
When the signed s.106 has been returned to Legal Services, we will check it. If we find errors, then we may send the s.106 out again or create new copies to be signed. This depends on the error.
When a correctly signed s.106 has been returned to us, we will arrange for the s.106 to be sealed by the Council.
Please note: signed s.106s must be received by the Council by Monday to be sealed on the Wednesday of that same week. If they are received after Monday, they may not be sealed until the following Wednesday.
We will then ask for the following from your solicitor:
- Up-to-date title information for the site. We need to check this on the day of completion;
- Payment of our legal costs;
- Payment of any other money that is due on completion of the s.106 (if relevant);
- Confirmation that you are happy for the s.106 to be completed (dated); and
- An undertaking to apply for any title restriction(s) required by the s.106, on the day of completion.
The next steps are:
- The s.106 will be completed (dated) by Legal Services;
- The relevant permission will be issued by the planning officer;
- The s.106 will be registered as a Local Land Charge and published on the Council's planning website; and
- Your solicitor will apply for any title restriction(s) required by the s.106 and will provide a copy of the application to Legal Services.
This is the end of the s.106 process with Legal Services.
After completion, s.106s are monitored by the Developer Contributions Monitoring Officer who can be contacted at s106@ashford.gov.uk
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If you have been advised that your application may affect the Stodmarsh Lakes, then please click on the Next Page button below. The next pages have information on how your application may deal with these issues.
The pages also explain the additional s.106 steps for those applications and contain links to other areas of the Council's website.
Those other areas explain some of the background to nutrient neutrality.
