Medway Developer Contributions and Obligations Guide

Planning application process

Actions for applicants

Notes

1. Pre-application stage

• Consult contributions guidance and download standard S106 legal agreement template and relevant standard legal clauses
• Refer to any other relevant policy document e.g. Local Plan/Neighbourhood Plan/development brief
• Identify potential requirements
• Consult with Council’s planning officer if necessary
• Commence “without prejudice” negotiations with planning officer if ‘standard’ contributions approach not accepted or applicable
• Information on pre-application advice service

• The Council is committed to supporting the pre-application process. Early research and discussions can save time and expense later in the planning process
• If clarification on any matter is required, this should be through the planning officer and not an individual service
• For larger schemes, the Head of the Development Management Service will appoint a planning officer(s) to facilitate discussion and negotiation, with the intention that this officer would be appointed as case officer to any future related planning application. There will be a charge for this

2. Submission of application

• Provide contact details for legal representative if standard agreement not acceptable
• Set out findings from pre-application research and submit alongside planning application

• In straightforward cases it may not be necessary for a legal representative to be appointed

3. Technical appraisal of application

• Seek to agree Heads of Terms for S106 agreements with the Council’s planning officer at as early a stage as possible
• Submit reasons if standard contributions not accepted, together with financial details of development costs where relevant
• If agreement is not reached the case officer will refer the matter to the Council’s Chief Planning Officer. If necessary, this matter can then be referred to the Assistant Director and then as necessary to the Council’s Director of Place.
• Complete full draft agreement as soon as possible (on a ‘without prejudice’ basis)

• For cases where the Council’s standard formulae are disputed on the basis that they would undermine the viability of the development, comprehensive evidence must be submitted to justify any departure from the normal process
• If there is a need to adjudicate between different service demands and this cannot be resolved by the case officer, the matter will be referred to the Chief Planning Officer.
• Assessments are generally valid for six months from the date issued and should any circumstances change, a new assessment will be required. Assessments are a ‘snapshot’ of requirements at a given time, and variable factors may require regular reviews, particularly over the longer term

4. Determination of application

• The draft S106 legal agreement should be completed prior a delegated decision on the application being made, or a report being submitted to the Planning Committee
• Full Heads of Terms will be included in all officer reports

5. Post determination

After a resolution to approve the planning application has been made, the S106 legal agreement should be signed and engrossed without delay. Medway Council reserves the right to refer all cases which have not been completed within six months of the decision back to committee with a recommendation for refusal, unless special circumstances have been clearly identified

The applicant and the Council should work to a target signing and engrossing the agreement/undertaking within one week of the decision

6. Post decision

• It is the applicants’ responsibility to comply with the terms of the S106 legal agreement in a timely manner, including respecting ‘trigger points’ which may occur some time after a development has commenced.
• The Council will continually review all ‘live’ agreements and monitor against progress on site
• It is the applicant’s responsibility to complete the commencement notice and forms attached to the agreement, and post or email (to S106@medway.gov.uk) so that the council is made aware of when contributions become due.

• Demand notices which include BACS details, will be raised by the S106 Officer.