Waverley Borough Council

Planning Infrastructure Contributions

Financial Contributions for New Development (section 106)

The Planning Infrastructure Contributions Supplementary Planning Document (SPD) sets out how we require financial contributions on new development to support the new infrastructure. In time, this will be replaced by the Community Infrastructure Levy (CIL).

In most cases, we will seek financial contributions to mitigate some of the consequences of your development through a section 106 legal agreement or a unilateral undertaking.

Advice for applicants

Please submit the following with your planning application:  

  1. a draft unilateral undertaking in the appropriate format (see the model legal agreements (unilateral undertakings)
  2. Up to date Land registry title number or up to date title register and plan for the application site (and other land if the planning obligation relates to land outside the application site) 
  3. Fee for reviewing the Unilateral Undertaking (see below)

The applicant landowner, mortgagee and any person with a legal interest in the application site, will be required to be a party to the undertaking. If applicants want to prepare the undertaking themselves, there will be a standard fee of £250 for the Council’s Legal Services team to review the document and check title.

It is recommended that you initially provide the draft Undertaking in Microsoft word format form before you submit the final signed version. Please ensure that the final signed Undertaking is returned to Legal Services at least one week prior to determination of the application or it could result in a rejection of the application.

Alternatively, the Council’s Legal Services team can undertake the legal work on your behalf and prepare an undertaking for signature by all parties. The fee for doing this is £250, and you should submit the legal fee of £250 with your application together with up-to-date copies of your Land Registry title register and plan. Please note that there is therefore a single legal fee of £250, whether you or the Council prepare the draft Undertaking.

In the event that there are particular complexities in reviewing or drafting a Unilateral Undertaking, then the legal fee may be increased at the Council’s discretion. Please contact the Legal Services team in advance for an estimate of the cost of preparing or reviewing a bespoke planning obligation

To calculate the amount of infrastructure contribution, please use the interactive contribution calculator)

Exceptions

  • No contribution required for temporary dwellings, replacement dwellings or affordable housing.
  • No Education Contribution for 1 bedroom dwellings (from 14th December 2009).
  • No Equipped and Casual Play Space contribution for 1 bedroom dwellings.
  • No Secondary Education Contribution for dwellings in the following parishes (please note this may be subject to change): Alfold, Bramley, Busbridge, Cranleigh, Dunsfold, Ewhurst, Godalming, Hambledon, Hascombe, Witley and Wonersh.
  • Gypsy Sites - All gypsy sites are assumed to be 2 bedroom units. The Caravan Act allows caravans to be replaced without needing consent within certain dimensions.
  • Extant permission pre-tariff (April 2008) - Where an extant permission exists on a site which was not subject to the tariff and a new application is received on the same site:
    • Increase in number of dwellings or bedrooms on site - contribution for the difference.  
    • Same number of dwellings - no contribution for period up to expiry of extant permission, but clause in Unilateral Undertaking to contribute if commencement of development is after expiry.  

Page owner: Jennie Falconer. Last updated: 30/04/2014 08:49