Planning obligations draft heads of terms

Local requirement. Types of application and criteria - usually required for all major development or schemes where there are any off-site mitigation measures identified, most notably when off-site highway improvements are required.

Guidance and links to further information

The draft heads of terms template must include the following details:

  • details of the proposal
  • details of what the agreement is for
  • title deeds and Land Registry information
  • names and addresses of the interested parties
  • name and address and contact details of the instructed solicitor

We have put together a  draft head of terms template (pdf / 222 KB) with relevant contact details.

The local policies and supplementary planning documents (SPDs) relating to affordable housing, green spaces and education payments provide specific guidance on circumstances in which contributions towards infrastructure would normally be expected and this can be clarified by seeking pre-application advice. Consequently, it is a reasonable expectation that this information is provided, thus helping to reduce delays in the decision-making process.

If the developer considers that it is not financially viable to enter into a section 106 agreement or that they wish to make reduced payments or contributions, a development appraisal must be submitted.

Development appraisal

The information to be supplied should include the value of the completed development proposed by the development and all costs incurred or expected to be incurred in order to achieve this value. The information should include the following as a minimum guide but may also cover other items specific to the proposed development.

Value

The gross internal area of houses excluding garages, and conservatories. Habitable roof space should be listed separately. For industrial buildings, supply gross internal area for any shops or offices, net internal area.

The value used per unit of area. Alternatively, valuations of the completed buildings.

The cost of sales or lettings, broken down into marketing/estate agents fees and legal fees.

Affordable housing should be shown at the value to be paid by a Housing Association.

The current use value of the property - this means the value reflecting the existing physical state and use, which are authorised and require no consent to continue.

Purchase price (and date), where this is considered to be relevant.

It may be useful to show more than one scenario.

Costs

Build costs. Give the gross internal area x the unit cost per square metre or square foot. State whether this is a tendered sum or an estimate.

Preliminaries are allowed for if cost separately. State what is included.

External works where applicable. Broken down, for example, X m road @ £Y/m. Include boundary treatment, landscaping, demolition and site preparation costs as appropriate.

Standard planning costs - planning and building regulation fees, commuted sums.

Professional fees - Architect, QS, CDM supervisor etc.

Contingency allowance.

Cost of finance. Indicate the period and interest rate.

Community benefits. If the scheme includes any exceptional benefits such as the restoration of a listed building or the provision of public open space above what is required, please state the cost of providing this.

Abnormal costs if any. What are these (for example, contaminated land remediation) and what costs are anticipated?

Developers profit - the amount or percentage included.

Any other relevant items should be clearly defined and costed.

The information will only be made available to the planning officer and advisors such as our valuation surveyor, housing development officer and quantity surveyor. It will not be placed on the public file nor made available to any third party.