WHC - Legal Services in relation to s106 Planning Obligations

The Council wishes to appoint suitably qualified legal practices to act on the Council’s behalf in dealing primarily with S106 Planning Obligations and Unilateral Undertakings under the Town and Country Planning Act 1990, that the Council negotiates on, leading to completion of the deeds. The Council currently outsources this task on an individual case basis. Monies and other obligations are secured on behalf of the Borough Council and County Council, being Hertfordshire County Council. Where obligations are secured for Hertfordshire County Council, solicitors at County are also involved with the preparation of the deed.

Approximately 20 planning obligations and Unilateral Undertakings are entered into per annum, including modifications, although the Council anticipates that this number will increase alongside progression of the local plan leading to its adoption.

Generally, payment for work undertaken in relation to the planning obligation and uniltateral undertaking – (i) negotiating and (ii) drafting of deeds and its (iii) completion will be payable by the developer and the legal practice dealing with the matter will be expected to seek these costs directly from the developer. An undertaking for the payment of the associated costs will be required from the developer or their legal advisers. Such costs will also include any necessary travel or accommodation costs.

Please note that the Council has templates for both planning obligations and unilateral undertakings.

In addition, the Council also wishes to appoint suitably qualified legal practices to act on the Council’s behalf which the Council will pay for directly.

• providing legal advice on planning applications; • providing legal advice on enforcement matters; and • advising and acting for the Council in any appeals and legal challenges in relation to S106 Agreements.

Planning obligations tend to fall within three categories:

• ‘Standard’ where clauses seek contributions, for example, for matters within the Council’s and Hertfordshire County Council’s adopted documents in relation to obligations. For these cases, the templates for planning obligations and unilateral undertakings are appropriate. • Complex, where ‘standard’ obligations are sought but there might be one or two non-standard clauses which requires the practice to advise the Council; and • Very complex, for schemes that have a significant number of non-standard clauses.

The Council intends to award framework contracts to three companies, who will be ranked 1 to 3 depending on their evaluated scores in relation to the standard and complex obligations and unilateral undertakings. The company ranked 1 will have first refusal of the work and be able to decline it where there would be a professional conflict of interest, a lack of capacity or other reason. The company ranked 2 would then be offered the work, and if they are unable to undertake it, ...

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