Planning obligations

Thames Basin Heath

Thames Basin Heath Special Protection Area (TBH SPA) and Strategic Access Management and Monitoring (SAMM)

As of 1 April 2007any 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:

1. 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).

2. The second is to enter into a planning obligation, for an appropriate financial sum, with the Council 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.

The current cost of the SANG financial contribution is £903.5 per occupant.

Strategic Access Management and Monitoring (SAMM)

The S106 Unilateral Undertaking agreement also secures the SAMM contribution.

On implementation of the Runnymede Thames Basin Heaths Supplementary Planning Document (SPD), - the cost of the SAMM contribution  as £360 per occupant and is subject to an annual inflationary increase as agreed by the JSPB in November 2020. Taking account of inflation since 2020, the current SAMM tariff for 2023/24 is £410.87

The Borough Council will be increasing the SAMM contribution on the 1 April 2024 for the financial year 2024/25 in line with inflation.

The SAMM contribution for the financial year 2024/25 is based on the CPI inflationary percentage published by the ONS in the preceding February 2024 at 4.2%. As such, the SAMM tariff will rise from £410.87 per occupant to £428.13 per occupant on 1st April 2024. The new SAMM tariff will be applied to planning applications and/or prior approvals outstanding on 1st April 2024 and any applications received on or after this date.

Both the SANG and SAMM contributions will be subject to indexation in any Unilateral Undertaking/S106 agreement.

Further detail on SANG and SAMM can be found in the Council’s Thames Basin Heaths SPD.

The Council has prepared a calculator in the form of an Excel spreadsheet which applicants can use to convert dwelling numbers into occupants and calculate the SANG and SAMM contribution required. A copy of the calculator is available to download below.

 SANG/SAMM Occupancy and Contributions Calculator

Unilateral Undertaking (S106) proforma

The Council has provided, to assist applicants, a proforma template which can be used and submitted with the application.

For applications involving 9 or less net additional dwellings or prior approval applications, the proforma template below should be completed by applicants. A printed copy of the completed SANG/SAMM calculator must be attached to the S106 Unilateral Undertaking.

The Calculator will also be used to guide SANG/SAMM contributions for applications involving 10 or more net additional dwellings where the Council enters into S106 agreements. The Unilateral Undertaking template proforma below can also be used for applications involving 10 or more net additional dwellings where a SANG/SAMM contribution will be the only planning obligation secured by the Council.

Once you open the Word document you will need to enable editing at the top of the page prior to completing the sections within the proforma.

Unilateral Undertaking Proforma (SANGS and SAMMS)

S106 Unilateral Undertaking

We are unable to accept any alterations or additions to this template document and this includes the time period for payment of the contributions. This proforma has been designed so that applicants do not have to pay the Council's Legal costs in preparing agreements for these matters. The proforma 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 pro forma 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 SANGS Consent (completed and sent in hard copy to the Council)
• or details of the physical provision re SANGS mitigation