Precedent s 106 unilateral undertaking
Produced in partnership with Sarah Griffin
Precedent s 106 unilateral undertaking

The following Planning precedent produced in partnership with Sarah Griffin provides comprehensive and up to date legal information covering:

  • Precedent s 106 unilateral undertaking
  • BACKGROUND
  • 1 Interpretation
  • 2 Interpretation
  • 3 Obligations and statutory powers
  • 4 Land Bound
  • 5 Conditionality
  • 6 Liability
  • 7 Indexation and interest
  • 8 Miscellaneous
  • More...

Unilateral Undertaking

under section 106 of the Town and Country Planning Act 1990

relating to development at [insert address]

This unilateral undertaking and Deed is given on [insert day] of [insert month] by:

Parties

  1. 1

    [insert name of developer] of [insert address] (the Developer); and

  1. 2

    [insert name of any additional parties as necessary eg owner, landlord, mortgagee, option holder etc] of [insert address of relevant party] (the Owner/Landlord/Mortgagee etc)

    TO THE [insert name] COUNCIL of [insert address of Council] (the Council)

BACKGROUND

    1. (A)

      The Council is the local planning authority for the purposes of s 106 of the 1990 Act for the area in which the Land is situated.

    1. (B)

      [Recite ownership details for the Land];

    1. (C)

      The Developer submitted the Application to the Council and the Council has resolved to grant the Permission subject to completion of this Undertaking. [The Application has been called in by the Secretary of State for [his/her] own determination and a public local inquiry is due to commence on [insert date].]

    1. (D)

      The Developer has agreed that the Development shall be carried out only in accordance with the obligations set out in this Undertaking

    1. (E)

      [Recite the reason for involvement of any other parties to the Undertaking, as necessary].

It is agreed that:

    1. 1

      Interpretation

      1. 1.1

        In this Undertaking unless the context otherwise requires the following terms (arranged in alphabetical order) shall have the following meanings:

        the 1990 Act

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