Developer Contributions SPD

The Borough Council has adopted a Developer Contributions Supplementary Planning Document. The Developer Contributions Supplementary Planning Document (SPD) forms part of the Local Development Framework for Surrey Heath and updates the Planning Infrastructure Contributions (PIC) scheme operated by the Council.

Contributions will be required for any development providing net additional dwellings as well as any development for new commercial floorspace of 100sqm (net gain) or above, however there are exemptions to some or all of the tariffs depending on the development proposed. Contributions are also required towards Thames Basin Heaths SPA avoidance for all net additional dwellings proposed and further information on this can be found on the Thames Basin Heaths SPA .

The SPD was agreed for adoption by the Council's Executive on 18th October 2011. The SPD is available to view by following the link below or is available for inspection at the times and locations as specified in the Statement of Adoption.

The Borough Council, in consultation with the Environment Agency, English Heritage and Natural England determined under Regulation 9 of the Environmental Assessment of Plans and Programmes Regulations 2004 that Strategic Environmental Assessment (SEA) was not required for the Developer Contributions SPD. A copy of the Council's determination can be viewed below. This also determined that Habitats Regulations Assessment (HRA) was not required for the SPD.

A hard copy of the Developer Contributions SPD or the SEA Determination may be obtained in Large print, Braille or foreign languages on request to the Borough Council by contacting 01276 707100 or by planning.policy@surreyheath.gov.uk.

Surrey County Council provide forecast data for Primary and Secondary Education in Surrey Heath and these are used to justify the Education tariffs. Latest forecast data can be found by following the link below. Based on the latest forecast data Surrey Heath will be applying the Primary Education tariff across the whole Borough with the exception of Frimley & Heatherside wards but will not be applying the Secondary Education tariff anywhere in the Borough. A list of Borough wide infrastructure projects can also be accessed below as well as the contributions calculator.

There are two options available to the applicant to enter into a unilateral undertaking and make the appropriate contributions. The first option is by payment on submission of the unilateral undertaking prior to the granting of planning permission or alternatively following the completion of a unilateral undertaking to make the relevant payment on the commencement of the proposed development. Please advise the Development Management Department as soon as possible of the preferred option otherwise it will be assumed that payments of contributions will be on submission of the unilateral undertaking. Further guidance on planning agreements can be found below.

The Council's Legal Services will then send out an appropriately drafted unilateral undertaking with the calculated contributions already included into the agreement. You will also need to pay the Council's legal costs for processing the agreement and a monitoring fee which is calculated at 5% of the contributions. The Legal Services fee in preparing the legal agreement will need to be made at the time the unilateral agreement is returned to the Local Planning Authority, this will be the case irrespective of which type of unilateral agreement is completed. The Legal charge for preparing the unilateral undertaking is £750 plus an hourly rate for more complex matters. The advantage of making the required payment on submission of the unilateral undertaking is that it will negate the need to provide the Land Registry Title information and any mortgagee will not need to sign the deed. In most cases this will save the applicant time and legal costs.

The alternative option of a unilateral undertaking with payment on commencement of development, will involve the applicant/agent submitting title information for the application site. If the site is registered you will need to enclose up to date office copies and a title plan for the application site. These documents are obtainable from the Land Registry. If the land is unregistered, you will need to forward an Epitome of Title. If there is a mortgagee they will also need to sign the Deed.

Please note that the provision of a completed unilateral undertaking does not mean that your application is necessarily acceptable. It will still need to be assessed in relation to all other material planning considerations. If following consideration of your planning application the scheme is refused any sums paid to the Local Authority, excluding legal fees, will be returned following the expiry of the time limit for lodging an appeal or sooner if requested.

If as part of a planning application a unilateral undertaking is also required to mitigate against the impact of the proposed development on the Special Protection Area (SPA) applicants should advise at the time of making the application whether they wish to enter into a combined unilateral undertaking to cover both the SPA and infrastructure contributions.

The tariff scheme template and unilateral undertaking template are for information only. Legal Services will send out a completed unilateral undertaking for applicants to complete once the applicant/agent confirms whether they wish to make payment on submission of the unilateral agreement or with payment on commencement of development.

Please note that the Developer Contributions SPD should be used as a guide for major developments and contributions for these schemes will be assessed on a case by case basis.