Section 106: Guidance on the use of planning obligations for Welsh ...

negotiations. Heads of terms demonstrate serious intent, but do not
compel the parties to agree to those terms, or even to reach agreement.
6.4 Many LPAs find that summarising the planning obligations they are likely
to seek in the form of standard heads of terms serves as a useful way of
conveying the main intentions of the parties to the agreement. By way of
example, the Vale of Glamorgan provides Standards Head of Terms for a
variety of subject areas, and may be tailored to meet the specific
requirements of a Local Planning Authority. See Appendix 3.
The DCLG/Law Society model agreement
6.5 The use of model agreements or undertakings that are recognised by all
parties can save considerable time and legal and other resources for
developers, LPAs and other parties to the agreement. The agreement
should not be seen to imply that planning obligations should cover the full
range of types of obligations set out. Rather the agreement should be
seen as a template from which LPAs and developers can select relevant
sections to meet the LPA’s obligations policy and the circumstances of the
application and context. There will also be specific circumstances which
will require particular changes in the drafting of the agreement.
Model clauses
6.6 Many LPAs find it helpful to produce and use model clauses related to
specific types of planning obligations that can be tailored and inserted into
individual S.<strong>106</strong> agreements where appropriate.
Other standardised forms and documentation
6.7 Some LPAs have found that the standardisation of other documentation
can improve efficiency, reducing costs and time. These can include the
standardisation of various forms for obtaining information from the
applicant, LPA colleagues and other stakeholders involved in the process.
Good practice check list
LPAs should produce publicly available standard heads of terms
that can be used as a basis for negotiations. 3
LPAs and developers should use the Law Society standard S.<strong>106</strong>
agreement.
LPAs should produce other documentation in a standard form
where it will lead to savings in resources and time.
LPAs should keep all standardised obligation documents under
review and ensure that they are kept up-to-date where necessary
to keep in line with changing policy and circumstances.
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