4. Habitats Mitigation collection process
Where developments pay the Community Infrastructure Levy (CIL), this per dwelling contribution will be top-sliced from CIL receipts. No additional Habitats Mitigation contribution is required where a CIL payment is made.
Where developments are not liable or are exempt from paying the Community Infrastructure Levy, it is necessary to levy the contribution through one of two mechanisms:
- A Undertaking made in accordance with s111 of the Local Government Act 1972 or
- A Unilateral Undertaking made in accordance with s106 of the Town and Country Planning Act 1990.
The Council cannot legally grant consent for developments where the impacts on the protected habitats are not mitigated, and hence the habitats mitigation contribution must either be paid before consent is granted, or a Unilateral Undertaking must be in place before consent is granted.
Unilateral Undertakings can involve significant legal expense for applicants, and delays to the issue of consent, and the Council’s preference is therefore for applicants to provide an s111 Undertaking and the necessary payment at the time at which planning applications (which are not liable to pay CIL) are submitted.
The s111 Undertakings provide for the return of any monies paid in the event that planning permission is refused, or the timeframe for implementing the permission has expired, or an appeal lodged in respect of a refused planning permission is dismissed.
s111 Undertakings templates
The complete relevant S111 and cheque for the relevant fee should be submitted as part of the application.
Please note that you will need to confirm with ECC City Development staff which template Undertaking to use as this will depend on the precise location of the development in question.
A template for the Unilateral Undertaking is available for download.