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Section 52 Agreement Planning

At Dacorum, planning obligations are used for a variety of purposes, including: some agreements pre-date from the 1990 Act, when they were known as Section 52 agreements. The provisions of Article 52 were similar, but not identical to, Article 106, and all agreements concluded under Article 52 are still applicable today. Monitoring of section 106 agreements is calculated at the rates set out in the document below. A planning obligation must be executed in the form of a document. If it is by appointment, it will be signed and sealed by us too. It will include agreements covering the obligations of the landowner: the committee`s report contains the proposed terms for the agreement, usually negotiated and agreed in advance with the applicant or his representative. If the commitments relate to work on the motorway and/or financial contributions to education, youth, childcare and the library, Hertfordshire County Council may also be a party to the planning obligation and agree on its terms. Planning requests for up to five units can generally be processed by a unilateral commitment by completing our standard template. This should be coordinated with the planning officer prior to signing. Once proof of title has been filed and the administrative fee (£150 at Dacorum Borough Council and £75 at Hertfordshire County Council) has been paid for the verification/management of the agreement, the application can be accepted/established. Planning obligations are recorded as local base charges. If the land is subject to a planning obligation that has not been (or will not be) complied with, the owners may find that if changes are envisaged, the local planning authority must verify whether the planning obligation would fulfil both its purpose and the proposed modification. It may not make any amendment that would impose an obligation on a party other than the applicant.

If an amendment is adopted, it takes effect from the date of the municipality`s notice of finding. The procedure for establishing an agreement under section 106 is described in detail in TCPA 1990, s 106A. This procedure has Section 106-agreements are normally handled by our planning attorney or by external attorneys that we appoint, and the owner/developer is required to pay the attorney fees of our/external attorneys for the creation and conclusion of the agreement…