Planning obligations are legal obligations entered into to mitigate the impacts of a development proposal. Applicants for planning permission are encouraged to read the Governments guidance themselves.
Thames Basin Heath Special Protection Area (TBH SPA) and Strategic Access Management and Monitoring (SAMM)
As of 1 April 2007 any applications received for
- (a) new dwelling(s)
- change of use of a property to residential
- the subdivision of a property to create new dwellings
- and/or any combination of the above
Which is within the TBH SPA Zone of Influence (roughly within 5km of Chobham Common) will still require a scheme for the mitigation of the effects of the development on the TBH SPA and will also be required to contribute towards the SAMM. You are advised to read the Council's TBH SPA policy documents.
Thames Basin Heath SPA
The Council, to assist applicants in providing a scheme for the mitigation of the effects of the development on the TBHSPA the applicant/developer in such cases has two options:
- The first is to provide, lay out and ensure the maintenance of, in perpetuity, of a Suitable Alternative Natural Greenspace (SANG). The physical provision of SANG is likely only to be suitable for schemes of in excess of 60 dwellings due to the need to meet Natural England's guidelines for SANGs. The achievement of this is likely to be through the mechanism of a Planning Obligation under Section 106 of the Town and Country Planning Act, 1990 (as amended).
- The second is to enter into a land transaction, for an appropriate financial sum (£2,000 per net additional dwelling), with the Council to obtain a consent to utilise part of one of the Council's SANGs in mitigation. This will be secured by way of submission of the S106 Unilateral Undertaking agreement.
Strategic Access Management and Monitoring (SAMM)
The S106 Unilateral Undertaking agreement also secures the £630 per net additional dwelling in respect of the SAMM contribution.
Unilateral Undertaking (S106) proforma
The Council has provided, to assist applicants, a pro-forma template () which can be used and submitted with the application. We are unable to accept any alterations or additions to this document and this includes the time period for payment of the contributions. This pro-forma has been designed so that applicants do not have to pay the Council's Legal costs in preparing agreements for these matters. The pro-forma should be downloaded and edited in the boxes shown, only original copies downloaded from this website may be used and therefore we cannot accept re-typed versions of this document. Electronic submissions/copies of the S106 are not acceptable as an original signed document is required to be submitted.
More information on the SANG can be found at: Natural Environment (policy documents and guidance)
SANGS condition (applications submitted prior to 1 September 2019)
Any applications which have a condition requiring a scheme of mitigation in relation to SANGS will require a Discharge of Condition form and the appropriate discharge of condition fee along with either:
- the (completed and sent in hard copy to the Council)
- or details of the physical provision re SANGS mitigation