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Planning permission subject to having a S106 Agreement costs?


PXR5

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I have had to agree on a S106 agreement, that is to sell if possible the new house to a local person when I move on.

 

The preferd solictors of the council have emailed me stating they estimate that they need £750 for the work to prepair the document.

 

Is this S106 a standard agreement of 2/3 pages? am I been taken to the cleaners on this?. They state an hourly rate of £250.

 

The planners screwed up my free second go at the application, & Ive allready had to pay twice & had a massive time delay, so I dont feel very inclined to allow some grifter solicters to have me over.

 

As a side note, I was involeved in a lease for a commercial property by a leading solicters in my area, a docment of some 20 odd pages with several questions going back & forth, this cost about £1700.

 

Should I just swallow it & pay up? thanks 

Edited by PXR5
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I'm just going through this process with a section 106 agreement forcing me to pay money for affordable housing. I see no way out of it so have agreed to pay. The problem is the delays they are causing by failing to issue the document for my solicitor to check. I have been warned by my planning consultant that I will have to pay in the region of £750 to the council solicitors to process this. Daylight robbery but no 106 no planning.

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  • 2 weeks later...

I had a very depressing conversation with a demolition contractor yesterday, who informed me that it took 3 to 4 months for him to get his section 106 agreement passed through. It was with the same council as the one I am waiting for. I hope I'm luckier than him.

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Our neighbour was told the same about a section 106 and a contribution for affordable housing. He queried it and was told that if he reduced the footprint of the house he would not be subject to the section 106. He duly re submitted plans for a house with a smaller footprint, got consent for it with no section 106, then put in for changes that would increase the size to the original one planned.

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  • 2 weeks later...

My case just got a whole lot more difficult. 
 

to summarise I bought an old house that had an expired planning permission for demolition and the build of 2 new 4 bed houses

 

i bought it in May 22 and the TR1 was submitted to land registry. Then had to go through a season of bat surveys and the new application was submitted and validated in November. Then came the question of a section 106 so have battled to get the council to print that out. That’s come through albeit with my company name added where it shouldn’t be but when my solicitors( who did the conveyancing) checked the title had not yet been transferred. Without that I can’t complete the section 106 agreement. 
 

no title transfer = no section 106

no section 106 = no planning

no planning = no bat licence

no bat licence = no demolition

no demolition = another year of bat surveys

 

i feel so let down in all of this the system is crazy. I am wondering whether it’s worth ( possible) re submitting the TR1 this time with the correct address on it ( solicitors ) and applying for them to expedite it. They ( land registry) say this can be done

The expedite (fast-track) process is available for applications, either residential or commercial, where a delay would:

  • cause problems not related to a land transaction
  • put a property sale or any kind of property transaction at risk, for example, a refinancing deal or development
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  • 4 weeks later...

The Land Registry 'fast-track' thing does work and is usual for anything where anybody cares about the speed of processing - usually because (as in this case) one or more important things depend on it. These days most solicitors will do it as a matter of course.

 

'Fast-track means in practice, I believe, a couple of weeks. The solicitors also get to be able to log into some LR site where they can see the status.

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@PXR5If not too late make sure there is a clause allowing sale to anyone if you can't find a local buyer after some period of time on the market.

 

Your lender may also want to see the wording as occupancy restrictions affect the value.

Edited by Temp
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4 hours ago, Alan Ambrose said:

The Land Registry 'fast-track' thing does work and is usual for anything where anybody cares about the speed of processing - usually because (as in this case) one or more important things depend on it. These days most solicitors will do it as a matter of course.

 

'Fast-track means in practice, I believe, a couple of weeks. The solicitors also get to be able to log into some LR site where they can see the status.

Thanks Alan, My solicitors reluctantly agreed to expedite the land registry. However the county solicitor has now advised that all 3 companies that sold me the plot and myself have had to be served with certificate B notice .... What a faff

 

that Certificate B notice should be served with the current and ongoing application for the 21 day period to happen and the cert to be sent to me for the file.

 

This new serving of Cert B  and superseding Cert A should be to make sure that everything is up to date at this moment in time (notwithstanding what the Land Registry are up to). As legal are not happy to proceed, (although they are drafting the legal agreement), until the people/ companies on the documents are all the same and accurate.

 

 

From Google

Certificate B (Shared Ownership - all other owners known)

Certificate B should be completed if the applicant is not the sole owner, but knows the names and addresses of all the other owners (e.g. this certificate will need to be served if the proposals encroach onto adjoining land). The Notice to Owners (Notice 1) must also be completed and sent to all known owners. If the proposal is a Householder Development, the Householder Notice should be completed.

Edited by Canski
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