Legally witnessed planning obligation for a self build

[Katbuild]

Hi at the last minute the Planning Inspectorate have asked for a witnessed planning obligation  that we will get a self build. This despite our planning consultant submitting an s106.  

 

I have seen some talk about this but we have till next Tuesday 29 july to get something completed. Finding someone legal who can do this is proving impossible.   It seems most solicitors have no idea what is required.

 

My ask is, has anyone completed one of these. Do you have a template you are able to share? Also any suggestions for legal team who could do this at short notice.

 

It is complicated by the fact that 3 of us and the build is in.the south near London  and the other one is in Lancashire.

 

Any help or suggestions really appreciated 

 

Katharine 

Edited July 21 by Katbuild

[Alan Ambrose]

That's a curious ask. If it helps any, my PP has these conditions invented by the LPA:

 

15. The home hereby permitted shall be delivered as custom and self-build homes in accordance
with section 1 of the Self-build and Custom Housebuilding Act 2015 (as amended).
Reason: To secure the use of the land for custom and selfbuild housing only.

 

Biodiversity Net Gain
The effect of paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that
planning permission granted for development of land in England is deemed to have been
granted subject to the condition (biodiversity gain condition) that development may not
begin until a Biodiversity Gain Plan has been submitted to and approved by the planning
authority, unless a statutory exemption or transitional arrangement applies (under
paragraph 17 of Schedule 7A of the Town and Country Planning Act 1990 and the
Biodiversity Gain Requirements (Exemptions) Regulations 2024).
Based on the information available this permission is considered to be one which will not
require the approval of a biodiversity gain plan before development is begun because one
or more of the statutory exemptions or transitional arrangements is considered to apply.

 

Edited July 21 by Alan Ambrose

[Alan Ambrose]

Maybe (a) either propose these conditions in the PP given by the inspector, or (b) ask a lawyer to prepare (or find an online resource to do the same) a unilateral undertaking or deed.

 

Since this is a new one, I don't think it would be unreasonable to go back to the inspector and tell them that your solicitors have no idea what is wanted and to ask for an appropriate example doc . 

[garrymartin]

I don't understand what a "witnessed planning obligation" is, to be honest, especially if, as you mention, your planning consultant submitted a Section 106 document with a self-build undertaking in it.

 

My personal experience concerning Unilateral Undertakings is that even if you use a format the LPA has previously signed off on, they will still say it isn't acceptable and will give you some new text that probably doesn't make grammatical sense and that isn't legally enforceable.

 

Nevertheless, you should ask the LPA for an acceptable document template specific to your case. My Unilateral Undertaking included the following for your interest. You'll need some similar words (agreed with the LPA), but in a complete, legal document format;

 

 

 

Note that it has to be signed and witnessed by everyone with an interest in the land. If the person(s) applying for permission don't own the land, not only will they need to sign it, but so will any landowners, and any mortgage companies with an interest too. You'll possibly also be asked to provide the Title Deeds for the land so that any interests can be checked. I'd include these as they may be requested, adding further delays.

[Temp]

Can't you just sign and witness a copy of the S106? I thought they were legal documents.

[garrymartin]

4 hours ago, Temp said:

Can't you just sign and witness a copy of the S106? I thought they were legal documents.

If the issue is that they submitted a S106 that wasn't signed and witnessed by all appropriate parties, that's an easy fix... Is that the issue @Katbuild?