5. How do I pay a Habitat Mitigation contribution?
Mitigation must be secured before planning consent can be issued. There are two mechanisms to secure mitigation:
- An undertaking made in accordance with S111 of the Local Government Act 1972 (S111 form) or
- A Unilateral Undertaking made in accordance with S106?of the Town and Country Planning Act 1990 (a S106 UU).
S111 form and upfront payment
This is the easiest option. The owner/agent/applicant will need to complete and sign the form below. Please check first using the map here whether it is for Exe Estuary, Pebblebed Heaths or both.
S111 template forms
S.111 template for Exe Estuary and Pebblebed Heaths Tourism contributions
S.111 template for Exe Estuary and Pebblebed Heaths contributions
S111 template for Pebblebed Heaths only
S.111 template for Exe Estuary only
Submit your completed S111 form with your planning application. If you are unsure of the correct amount you need to pay a member of the validation team can advise you. Once we are satisfied with both the form and validation documents a payment link will be provided. This payment link will connect to your planning application with the planning reference number.
There is no administration fee for making this payment.
Alternative payment methods may be discussed with the validation team.
S106 Unilateral Undertaking
A S106 unilateral undertaking is a legal deed where the developer covenants to meet planning obligations. A S106 unilateral undertaking comes into effect when planning permission to which they are linked is granted. You must be the landowner to enter into a S106 Unilateral Undertaking.
S106 Unilateral Undertakings can involve legal expense for applicants. The Council’s preference is for applicants to provide an S111 Undertaking and the necessary payment at submission of your application.
S106 Unilateral Undertaking templates:
UU templates for Exe Estuary and Pebblebed Heaths contributions
UU template for Pebblebed Heaths only
UU template for Exe Estuary only
You will need to provide:
- Completed, signed (but undated) Section 106 Unilateral Undertaking;
- A location plan showing the application site edged in red.
- An administration and monitoring fee of?£50 (this is non-refundable).
- HM Land Registry Title Register & Plan to confirm ownership. If the title is unregistered please arrange for a solicitor to complete a Certificate of Title for Unregistered Land.
If there is a mortgage on the property, the lender will also need to sign up to the agreement.
Please note a S111 form with payment or S106 Unilateral Undertaking must be submitted before your application can be validated.
For larger developments, the contribution can be included in a full S106 Agreement. You should submit Heads of Terms for the S106 Agreement, including the Habitat Regulations?mitigation contribution.
Prior approvals
The relevant legislation does not permit the submission of Section 106 Unilateral Undertakings or other forms of S.106 Agreements with Prior Approval applications. For these applications, you will need to accompany your application with a S.111 form and upfront payment.
Alternatively, you can make a subsequent separate application under Regulation 77 of the Habitat Regulations 2017 that will need to be accompanied by payment via a S.111 agreement or S.106 agreement. ?Approval of Prior Approval without mitigation means that the development will not benefit from the necessary consents to be able to be implemented.