Find out what we use unilateral undertakings for and how to apply for one for your planning application.

A unilateral undertaking is a legal agreement made under Section 106 of the Town and Country Planning Act.

They are used to help reduce the negative effects of a development in order to make it acceptable to us, as the Local Planning Authority.

This often means that before the start of a development, you may need to make a financial contribution before work can start. If planning permission is not granted, or the development does not go ahead you would not need to pay the contribution.

A unilateral undertaking can be used only when there is no leasehold at the development site and the planning obligations are only for financial contributions.

Who submits an unilateral undertaking

Unilateral undertakings must be submitted and signed by all registered owners of the land within the application site.

This includes owners of access land, even if planning permission would not permit development on their land.

If the property is subject to a mortgage or charge, then the mortgagee or charge holder is also required to be party to the unilateral undertaking.

How to submit your unilateral undertaking

Once your planning application has been validated, you will receive a letter from the planning officer looking after your application. This letter will explain if a Section 106 planning obligation is needed and if so, what you need to do next.

If you have been asked to, please complete our unilateral undertaking template and send it to us. You should include:

  • A covering letter, which confirms you have paid our legal fees
  • Your completed draft unilateral undertaking (the undertaking should not be signed at this time)
  • An application site plan
  • HM Land Registry Title Register and Plan, dated within three months of your application

If the title has not yet been transferred, you can submit a TR1 form, instead of the Title Register and Plan. Once complete, the Title Register and Plan must be sent to us.

What happens when we have received your application

When we have received your legal fees and the application, our legal team will review your documents.

If any amendments need to be made, we will let you know, and if you need to pay any extra legal fees. 

If the document is accepted by us, you can sign it. The planning officer dealing with your application will then start to determine your application.

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