A guide to submitting a unilateral planning obligation in Purbeck
This page contains details on submitting a unilateral planning obligation with your planning application. There are links to the relevant policies for transport and heathland contributions, draft templates of the legal document for submission and anotated versions with guidance notes.
Unilateral Planning Obligation
Section 106 of the Town and Country Planning Act 1990 (also known as Unilateral Undertaking)
Why do I need a Planning Obligation? - Additional pressure can be placed upon local facilities and landscapes as a result of development that may require measures to mitigate the impacts. A local planning authority can ensure that measures are put in place to mitigate these pressures. This is generally done through a legally binding agreement with the owner, known as an unilateral planning obligation that requires a financial contribution to be paid towards these measures that can help to alleviate the impact of the development.
In the Purbeck district there are two constraints that require a financial contribution to be paid towards mitigation measures.
Transport Infrastructure - Almost all new development has the potential to impact upon the problem of traffic congestion on the A351. In June 2009, Dorset County Council published interim guidance Development contributions towards transport infrastructure in Purbeck that explains the need for a financial contribution, how it will be collected and how it will be used.
Dorset Heathlands - Covering an extensive area of South East Dorset and fragmented by urban development and other land uses. It is the view of Natural England that the cumulative effect of further residential development within 5 kilometres from protected heathland in Dorset will have a significant impact upon the heathland habitat. Mitigation measures are required and the Dorset Heathlands Planning Framework 2012-2014 (opens in a new window) details the requirement for contributions.
Draft Unilateral Undertaking Templates
If you need to pay a contribution towards Transport Infrastructure only, please use Draft Unilateral Undertaking - Transport Infrastructure Jan 2013 (word, 47kb) (opens in a new window)
If you need to pay a contribution towards the conservation of the Dorset Heathlands only, please use Draft Unilateral Undertaking - Dorset Heathlands Conservatiion Jan 2013 (word, 48kb) (opens in a new window)
If you need to pay a contribution towards both Transport Infrastructure and the conservation of the Dorset Heathlands, please use Draft Unilateral Undertaking - Transport Infrastructure and Dorset Heathland Conservation Combined Jan 2013 (word, 49kb) (opens in a new window)
Please Note. These documents are designed to be saved as Word. documents and completed electronically, not hand written. They can be submitted as either, a Planning Portal attachment, by email attachment or printed and posted. Only one document is to be submitted with an application.
Please see Anotated Guidance Template - Transport Infrastructure Jan 2013 (pdf, 169kb) (opens in a new window) for instructions on how to complete the draft Unilateral Undertaking for Transport Infrastructure only
Please see Anotated Guidance Template - Dorset Heathland Conservation Jan 2013 (pdf, 170kb) (opens in a new window) for instructions on how to complete the draft Unilateral Undertaking for Dorset Heathland Conservation only
Please see Anotated Guidance Template - Transport Infrastructure and Dorset Heathland Conservation Combined Jan 2013 (pdf, 176kb) (opens in a new window) for instructions on how to complete the draft Unilateral Undertaking for Transport Infrastructure and Dorset Heathland Conservation only
Contribution Calculation Sheets
Please see Residential Development Contribution Calculation Sheet Jan 2013 (word, 43kb) (opens in a new window) to determine the amount of contribution required as part of your application.
Please see Industrial and Office Development Contribution Calculation Sheet Jan 2013 (word, 39kb) (opens in a new window) to determine the amount of contribution required as part of your application. (Please note, applications for industrial and office floorspace are subject to Transport Infrastructure contributions only)
All persons having a legal or equitable interest in the land should be included as parties. If the total amount payable exceeds £20,000, then this would include any mortgagee
If the ownership of the property is registered at the Land registry, please provide us with an up to date official copy of the register and title plan and insert the title number into the First Schedule
If the title to the property is unregistered, you will need to supply a 'full epitome of title' which is usually obtained via a solicitor's office
You will need to supply a plan showing the application site edged in red
If required, a draft Unilateral Obligation must be submitted with the planning application for it to be registered as a valid application. Planning permission cannot be issued until a completed Unilateral Obligation, where required, has been checked and signed off by the Council's Solicitor
The draft Unilateral Undertaking will be checked by the Council's Planning Solicitor. Please do not sign or date it at this stage
There is a legal fee of £150 for the checking service, payable upon execution of the Deed, although a higher fee may be charged in difficult or complex cases. A cheque for this sum, payable to Purbeck District Council, should be submitted with the signed and dated version of the document
Please note that changes to the template will not be accepted
Payment of the Planning Obligation
The planning obligation is payable anytime after approval for planning permission has been granted. The official date of repayment quoted in the Agreements above is, upon commencement of development for the heathland contribution and upon first occupation for the transport contribution.
However, the contributions are index linked to the Retail Prices Index (heathlands) and the Road Construction Tender Prices (transport) and depending upon the actual time of payment, the amount payable may have increased and will not necessarily be the same as that quoted in the Unilateral Undertaking. Please contact Technical Support at the time of payment for an up-to-date calculation of the planning obligation.