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Unilateral Undertakings

What is a unilateral undertaking?

It is a simplified Section 106 Agreement (S106) that:

  • Is completed by the applicant
  • Is quick to complete
  • Is submitted with an application or before a grant of permission
  • Is legally binding
  • Need not involve lawyers
  • Speeds up the process of obtaining planning permission

Unilateral Undertakings made easy

To try and make things easier we have created a template for you to use to complete your undertaking. You can only complete them if:

  • You are the owner of the land (not merely a purchaser with a conditional contract) and there are no leases or tenancies
  • The undertaking will only require payment of financial contributions to the council
  • The contributions can be paid at a fixed date, normally immediately before any planning permission is issued and
  • You agree to pay the council's legal costs (currently £100 or £250) for assessing the adequacy of the undertaking (which will include checking the title to the land) and registering the undertaking as a local land charge

Draft Undertaking Template [docx] 68KB

What happens next?

When we receive your undertaking we will check it and let you know if it is acceptable or needs amending. If it needs amending we will contact you. We will also check the submitted proof of title.

If your undertaking is complete and acceptable and the council has agreed to grant permission then the decision notice will be issued to you (the applicant) or your agent.

Why are contributions indexed?

Since the policy documents that require contributions were adopted by the council, the costs of providing things such as play equipment or laid out open spaces has changed. We use national price indices [pdf] 85KB to calculate the change in the cost over time and the undertaking must include the correct cost over time and the undertaking must include the correct costs at the time it is signed.

Contact us

E-mail

planninghelp@ashford.gov.uk

Telephone

01233 331111

 

Note: Questions marked by * are mandatory