3. How do I pay a habitat mitigation contribution?
How to pay
As we cannot grant planning consent without habitat mitigation being secured on new dwellings, it is necessary to secure the contribution through one of two mechanisms:
- An Undertaking made in accordance with s111 of the Local Government Act 1972 or
- A Unilateral Undertaking made in accordance with s106 of the Town and Country Planning Act 1990.
Habitat mitigation payments are made upfront before planning permission can be granted.
Section 111 Agreement
S111 Undertakings link together the habitat mitigation contribution with the planning application.
S111 Undertakings templates:
The complete and signed S111 form should be submitted as part of the application.
The S111 agreement should be signed by the applicant or owner of the development and will require a planning or planning portal reference.
Once we are satisfied with both the form and validation documents a payment link will be provided.
Unilateral Undertakings
A unilateral undertaking is a legal deed where developers covenant to perform planning obligations. A unilateral undertaking comes into effect when planning permission to which they are linked is granted.
Unilateral Undertakings can involve significant legal expense for applicants, and delays to the issue of consent, and the Council’s preference is therefore for applicants to provide an s111 Undertaking and the necessary payment at the time.
- Please download our Unilateral Undertaking template.