Planning Obligations and Affordable Housing SPD

5. Monitoring & Implementation Comment

Trigger Points

5.1During the s106 negotiation process, trigger points for each obligation will be agreed upon between the developer and the council. There are established trigger points which are suitable for s106 agreements and triggers selected in each case will be based on the nature of the obligation and the stage at which mitigation is required. The established trigger points are:

• Upon the date that the agreement is signed;
• Upon or prior to commencement of the development;
• Upon or prior to substantial completion of the development; and
• Upon or prior to first occupation/first use of the development.

For larger scale development it may be appropriate to agree phased infrastructure provision.

5.2The council starts managing and monitoring each s106 Agreement/Unilateral Undertaking from the moment it is signed. This is a complex process with multiple trigger points and obligations. The council employs a Planning Obligations Monitoring and Implementation Officer dedicated to overseeing this complex programme and ensuring the successful delivery of the planning obligations. The council charges a fee for the monitoring of s106 agreements / Unilateral Undertakings. The amount charged for the monitoring fee is based on the type and size of development and reflects the expected amount of officer time that will be required to monitor the development and its associated planning obligations over the lifetime of the development.