Unilateral undertakings
A Unilateral Undertaking can only be entered into by the owner of the land being developed. If you do not own the land, you must ask the landowner to enter into the undertaking.
Anyone with a legal interest in the land must be included in the agreement. This includes landowners, mortgage lenders, and any other interested parties. If the land has a mortgage, the agreement must be signed by the mortgage company.
To check ownership or legal interests in the land, you can refer to the Land Registry.
The government set out planning policies for England and how these are expected to be applied.
Planning permission for under 10 dwellings
If you are applying for planning permission for fewer than 10 dwellings, you should check the required contributions for community and sports facilities.
The council collects contributions from small-scale housing developments to offset their impact on local services. Since these developments are exempt from affordable housing contributions, a Unilateral Undertaking is required instead of a full S106 Agreement. This ensures payment according to the adopted SPD schedule of payments and draft Unilateral Undertaking.
How we calculate the developer contribution required for community facilities and open space sport and recreation:
- 35% allocated to city-wide community facilities
- 65% allocated to local catchment area community facilities
Community
| Number of bedrooms | Contribution amount |
|---|---|
| Studios & 1 bed | £820.81 |
| 2 bedrooms | £1641.62 |
| 3 bedrooms | £2872.83 |
| 4 bedrooms | £4101.05 |
| 5 bedrooms | £4924.86 |
| 6 bedrooms | £5745.67 |
Sport and recreation contributions
| Number of bedrooms | Contribution amount |
| 1 | £1874.51 |
| 2 | £3749.02 |
| 3 | £6560.79 |
| 4 | £9372.55 |
| 5 | £11247.06 |
These contributions help fund community and recreation projects. The build cost of community facilities is reviewed every April to reflect changes in capital costs, based on BCIS classification CI/SfB 532.
- Payments are due only when development begins.
- The Unilateral Undertaking will be registered as a land charge, meaning future property owners will be aware of their obligations.
Requesting undertaking and costs
To request a Unilateral Undertaking, you need to submit a Unilateral Undertaking request form along with:
- A signed Ordnance Survey Site Plan
- A Land Registry title (register and title plan)
Download a copy of the pro-forma Unilateral Undertaking.
Once received, the council’s legal team will draft the Unilateral Undertaking and send it to you or your solicitor for signing.
Legal fees and monitoring costs
- Legal fees for preparing a Unilateral Undertaking: £550
- S106 Agreement monitoring fee (payable upon completion): £831.42
The monitoring fee covers tracking development commencement, contribution collection, and fund allocation.
Legal and monitoring fee payment form
- A planning application cannot be approved until the Unilateral Undertaking is completed.
- If the Unilateral Undertaking is not completed within the 8 or 13 week planning application period, the application is likely to be refused.
- If a planning application is refused after the agreement is completed and the £831.42 monitoring fee has been paid, the fee will be held for six months. If an appeal is unsuccessful, a refund can be requested.
For more assistance, email s106enquiries@colchester.gov.uk.
Page last reviewed: 13 May 2025