If your proposal comprises of a smaller development your proposal will be assessed under Open Space and play only. If a contribution towards open space and play equipment is relevant a Unilateral Undertaking agreement will be required.
The Unilateral Undertaking will be drafted at the same time as the planning application is being considered. Failure to complete the UU within the application determination period could result in the refusal of your application.
The Unilateral Undertaking process is detailed below:
Assessment of the application
Your proposal will be assessed by our Open Spaces team, to determine if there is a need for open space and play equipment in that part of the district. Consideration will also be given to the number of existing contributions pooled for a specific project in accordance with national guidelines.
Drafting the Unilateral Undertaking
If a contribution towards open space and play equipment is required we will need to draft a Unilateral Undertaking. We will write to you to ask for an up to date land registry title document and plan (not more than 4 weeks old) together with a non-refundable payment of £100 for the preparation of the agreement and a payment of £300 for the monitoring fee. If the land is not registered you will be provided with a ‘Certificate of title’ form which is required to be completed by a solicitor and returned to us.
Executing the Agreement
Once we have successfully drafted the agreement it will be sent to you to obtain the relevant signatories. If there is mortgage on the land the relevant bank will be made party to the agreement and they will also need to sign it. Please note that where an authorised person is signing on behalf of a bank or company we will require the relevant proof of signatures or board of resolution as evidence that they are authorised to sign.
You should then send the agreement back to us and we will register the development as a charge on the local land charges register.
Before you commence development you should notify us so that we may calculate the correct contribution fee. This contribution fee will be based on the amount of bedrooms created and will be index linked from the date of the signed agreement to the date of commencement. Once you have provided us with the relevant fee we will remove the charge from the land charges register.
Refusal of planning application
Should your application for planning permission be refused we will retain the £300 monitoring fee for 6 months from the date of refusal. This will allow you enough time to either resubmit your proposal or appeal against the decision. If after 6 months you have still not obtained planning permission and do not wish to proceed with the scheme we shall refund your £300 upon written request.