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Section 106 agreements (s106)

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8. Our standard templates

These templates contain the framework for the agreement, depending on which parties are involved:

  • we and the owner/developer of the land will always be involved
  • Devon County Council will be involved if the agreement concerns county functions such as education or highways
  • if the owner has a mortgage on the land, the mortgagee (lender) will need to join in the agreement

This is not an exhaustive list. The developer and the owner of the land may not be the same person, in which case both will need to join in the agreement. Or there may be tenants or lessees who need to be included.

The templates can be found below, and should be used with our standard clauses for frequently occurring obligations.

Our templates and clauses are made available so that applicants can see the kind of document that they will be required to sign. However, these are complex legal documents and you are strongly advised to seek legal advice before entering into an agreement of this kind.

In the event that planning obligations are required as a planning application is to be determined on appeal to the Planning Inspectorate, the following may be used:

There are some circumstances where existing planning obligations can be changed. Where this has been agreed following agreement with or an application to the City Council the following template can be used:

A standard template for a unilateral undertaking is available to download should a habitats mitigation contribution be payable in connection with an application.