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Planning agreement financial obligation compliance

Requesting confirmation of compliance of financial obligations contained within an existing planning agreement

Developers and landowners enter into planning agreements regarding planning obligations required by new developments.

Planning agreements are registered on the planning application and on the local Land Charges Register and, where applicable, are revealed as part of local land charge searches.

For confirmation of discharge of conditions on a planning application you can see the 'Discharge of Condition Notice(s)' on the planning application at Simple Search (newforest.gov.uk) under the planning reference.

If you require confirmation that the financial obligations within an agreement have been complied with you can use our service to request this, depending on the type of agreements.

 

What types of agreement can we seek confirmation of compliance with obligations?

You can request confirmation of compliance of the financial obligations relating to the following types of agreement:

  • Section 106 - Planning obligations - Town and Country Planning Act 1990
  • Section 52 - Planning obligations - Town and Country Planning Act 1971
  • Section 37 - Planning obligations - Town and Country Planning Act 1962

 

What can we provide?

For agreements where New Forest District Council is a signatory and where the obligations are within its area of responsibility, confirmation whether the financial obligations within the agreement (s) have been complied with will be provided by email.

 

What we are unable to provide?

It is not possible to provide confirmation of compliance for agreements for which New Forest District Council is not a signatory, such as Highway Agreements and other 3rd party agreements.

For confirmation of compliance with Highway Agreements please see Hampshire County Council

As obligations are the responsibility of the developer, New Forest District Council is unable to comment on the timescale for compliance. Please contact the developer for information on their anticipated timescales.

For confirmation of discharge of conditions on a planning application you can see the 'Discharge of Condition Notice(s)' on the planning application at

View or comment on a planning application

selecting, simple search and using the appropriate the planning reference.

 

What are the timescales for replying

The target response time is 10 working days. If it is necessary to seek clarification regarding details of the planning agreement(s) from the applicant, it may take longer to comment on compliance.

 

What is the cost?

The cost of these enquiries is £75 (including VAT) payable on line when you apply

 

Before you apply

Have the following information relating to the agreement you are requesting available when you complete the application form:

  • Title of the agreement (site name e.g. land south of London Road)
  • Type of agreement (e.g. Section 106, Section 52, Section 37, etc)
  • Date of the agreement
  • Planning reference
  • Name of the developer
  • Names of involved parties

If the agreement has been revealed through a local land charge search, this information will have been included in the result of the search.

Providing accurate information will assist us in locating the relevant agreement. Should we need to contact you to clarify information, this could lead to a delay in providing confirmation of compliance.

Where possible, please upload the extract from the local authority search or Land Registry title which references the agreement. If you have a copy of the agreement, please also upload this, as it will this will assist us in replying to the compliance request in a more timely manner.

 

Planning agreement copies

Planning agreements are available on the Planning application and can be viewed on our website 

using the appropriate planning reference. 

 

How to submit a request?

If you are happy that you understand what you will receive:

 

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