s.106 and Packaged Treatment Plants (PTP)

If you're installing one or more Packaged Treatment Plants (PTP) and/or replacing a septic tank and/or cesspit as all or part of your nutrient neutrality solution please read on. 

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 PTP, and the decommissioning of the septic tank/cesspit, both need 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:

1. Details of each PTP and how it will comply with the AA. This includes:
   1. Specification, capacity, design and installation of each PTP and any landscaping;
   2. When each PTP is considered complete and able to satisfy the AA;
   3. Management, maintenance and responsibility for repairs of each PTP. This must include details of:
      1. How you will monitor nutrient levels and report this information to the Council;
      2. Ongoing inspection of each PTP by the Council or another agreed person; and
      3. Works needed to ensure each PTP runs optimally and satisfies the AA.
2. A Land Registry compliant plan showing each PTP. This must show the PTP plus pipes, destination ditch and access; 
3. If decommissioning a septic tank and/or cesspit, a Land Registry compliant plan showing the location of each septic tank/cesspit. 

The above must be approved by the Council and comply with:

• The AA;
• The General Binding Rules;
• All consents needed from third parties; and
• Any planning condition(s) for the development.

The information listed above is non-negotiable.

Additional Requirements for off-site PTPs

By "off-site" we mean not within the red line on the application site plan.

Where off-site septic tanks and/or cesspits are being replaced by new PTPs, we will ask your solicitor to:

1. Provide a SIMR for each septic tank and/or cesspit location;
2. Provide up-to-date Land Registry title and plan for each title listed on the SIMR;
3. Agree that each new PTP (plus pipes, destination ditch and access) must be kept in the same ownership as the dwelling it serves (“the Restriction”);
4. 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 the PTP (plus pipes, destination ditch 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.