5. Paying for it - by unilateral undertaking or in advance
You can pay by unilateral undertaking or payment in advance.
When you submit your planning application, you'll also need to provide the following documents:
- one original, completed and signed Undertaking to pay the total mitigation before commencement of work on the site;
- a copy of the site location plan, that accompanies the planning application, signed by the developer;
- recent proof of title to the land (within last 12 months) which can normally be purchased from Land Registry Online Title Register Search. Please note there are two parts to the proof of title; a Title Register and a Title Plan, both of which must be submitted.
Please read the guidance notes at the bottom of this page before completing the Unilateral Undertaking.
- for small developments of 1 to 4 houses
- for larger developments of 5 or more houses. Where the land is subject to a mortgage/legal charge(s), the mortgagor(s) must also sign the unilateral undertaking.
- alternatively for larger developments, the contribution can be included in a S106 Agreement. In this case you should submit a Heads of Terms for the S106 Agreement, including the Habitat Regulations mitigation contribution.
Payment in advance
If you would rather pay the mitigation in advance you may pay the total mitigation contribution by card or cheque with your planning application.
You will also need to sign a form Advance Payment for HRA to confirm that you understand certain conditions including:-
- your cheque will be cashed immediately on receipt
- if your application is not approved you will receive a refund less an administration fee of £30 with no interest accrual repayment
- the refund will not be made until the time for appeal has expired or an appeal has been dismissed.