s.106 and Greenspace
The following is required for a s.106 when proposing greenspace as all or part of your nutrient neutrality solution.
The planning officer needs to prepare and send Legal Services a draft Appropriate Assessment (“AA”). This is required under the Conservation of Habitats and Species Regulations 2017.
The AA is reviewed by us and Natural England are consulted on it. It's then included as part of the s.106.
The greenspace has to be secured in the s.106 for the relevant permission to be issued.
Additional information needed to progress the s.106
Before instructing Legal Services, the planning officer needs the following from you:
- A Land Registry compliant plan clearly outlining the greenspace, together with access; and
- A specification setting out details of fencing around the greenspace and ongoing inspection and maintenance responsibilities. This is only if fencing is required to be installed or retained.
Additional Requirements for off-site Greenspace
By "off-site" we mean not within the red line on the application site plan.
We will ask your solicitor to:
- Provide a SIMR for any off-site greenspace proposed together with the access;
- Provide up-to-date Land Registry title and plan for each title listed on the SIMR;
- Agree that the greenspace and access must be kept in a single ownership (“the Restriction”);
- Apply to register the Restriction on the day the s.106 is completed, using Land Registry form RX1*.
*This ensures the AA is complied with for the lifetime of the development and that the land for the greenspace and access cannot be sold off separately.
Please see the signing/completion section of the Drafting the s.106 agreement page for the final steps of the s.106 process.
