Guidance

Procedural guidance for Section 293D Crown Development applications

Published 1 May 2025

Applies to England

1. Introduction

1.1. Background to Section 293D Applications

1.1.1. Section 109 of the Levelling Up and Regeneration Act 2023 amended the Town and Country Planning Act 1990 (“the Act”) by inserting sections 293B - 293J. This introduced two new routes to planning permission for Crown Land where there is a Crown interest or a Duchy interest:

1. Urgent Crown development, covered in sections 293B – 293C, allows an appropriate authority (an applicant) to apply for planning permission directly to the Secretary of State, rather than to the local planning authority to whom the application could otherwise have been made (“the relevant LPA”), where their proposal is for development that is both urgent and nationally important.

2. Crown development, covered in sections 293D – 293J, allows an appropriate authority to apply for planning permission directly to the Secretary of State, rather than to the relevant LPA, where their proposal is for development that is nationally important but non-urgent.

This procedural guidance concerns the second route (applications under section 293D and 293E), henceforth ‘Crown development applications’. For guidance on urgent Crown development (applications under section 293B) please see the Planning Practice Guidance.

1.1.2. Under section 293I, Crown development applications will be made to the Planning Inspectorate (PINS), and they will be determined by a planning Inspector , or a panel of planning Inspectors, appointed by the Secretary of State. However, the Secretary of State may, under section 293J, recover jurisdiction to determine applications.

1.1.3. The Planning Inspectorate will process the application in line with relevant secondary legislation. Namely:

• The Town and Country Planning (Crown Development Applications) (Procedure and Written Representations) Order 2025 (“the 2025 Order”)
• The Town and Country Planning (Crown Development Applications) (Inquiries and Hearings) Rules 2025 (“the 2025 Inquiries and Hearings rules”)

1.1.4. The purpose of this Procedural Guide is to provide information on Crown development applications to applicants, relevant LPAs, local communities and other stakeholders. This guide does not have statutory status. It should be read alongside the Planning Practice Guidance.

2. Pre-application process

2.1. The pre-application process for Crown development applications is handled by the Ministry of Housing, Communities and Local Government (MHCLG). They may be contacted at crowncasework@communties.gov.uk.

2.2. Pre-application engagement by prospective applicants offers significant potential to improve both the efficiency and effectiveness of the application process and the decision-making process. The pre-application engagement may also include engagement with:

• the LPA;
• statutory and non-statutory consultees;
• local communities;
• and other Government Departments and agencies whose interests may be affected by the proposal.

3. Submission of applications

3.1. What applications can be submitted to the Planning Inspectorate?

3.1.1. The following types of application may be submitted under section 293D:

• An application for full planning permission
• An application for outline planning permission
• An application to approve a matter reserved in a previous grant of outline planning permission

3.1.2. An application to vary or remove conditions may not be submitted under section 293D and should be progressed through the LPA.

3.1.3. Under section 293E, applicants may submit a “connected application” for Listed Building Consent. The connected application may only proceed for consideration if the application under section 293D has been accepted (see 3.4).

3.2. Pre-submission checklist

3.2.1. Before submitting a Crown development application to the Planning Inspectorate, applicants are strongly encouraged to:

• engage with the Crown Casework Team within the Planning Casework Unit at the Ministry of Housing, Communities and Local Government (MHCLG) for pre-application advice at the earliest opportunity
• identify what the main issues are likely to be with reference to the development plan, the National Planning Policy Framework, planning practice guidance documents and issues raised by pre-application community consultation or advice
• ensure that all the issues identified are adequately and appropriately addressed in the application submission. This should be included within a Planning Statement or in an accompanying letter submitted with the application
• Carry out pre-application discussions with any key stakeholders including statutory consultees; and where appropriate, prepare a draft planning obligation or unilateral undertaking to address issues which may be raised by the development proposal (see Appendix 1)

3.3. Pre-submission notification

3.3.1. At least 10 days before the applicant intends on submitting the application, they should notify the Planning Inspectorate of its intention. This is so that we can share with the applicant instructions on how to submit the application.

3.3.2. The notification should be sent to Crownapplications@planninginspectorate.gov.uk. It should include:

• The name of the applicant and their contact information
• If an agent is acting on behalf of the applicant, the agent’s contact information
• The type of application
• The site address
• A plan which identifies the land to which the application relates in GeoPackage (GPKG) data format, preferably with BNG epsg:27700 projection
• Site size in hectares
• The description of development
• The likely issues
• The likely date of submission

3.4. Acceptance requirements

3.4.1. The applicant must submit all required documentation and pay the planning fee (see 3.5 below) to PINS. At the same time, it must submit the same documentation to the Crown Casework Team within the Planning Casework Unit at MHCLG via e-mail to crowncasework@communities.gov.uk, along with a statement outlining its reasons for believing that the application is of national importance. In producing this statement, prospective applicants should refer to the Written Ministerial Statement on Crown Development.

3.4.2. The Planning Inspectorate will assess the submission to check that it is complete (i.e., that the required documentation has been submitted and the correct fee paid). The Secretary of State will assess whether the application is considered to be of national importance.

3.4.3. The Planning Inspectorate will notify the applicant if the application is incomplete and provide it with an opportunity to submit any missing documents and/or pay the correct fee.

3.4.4. If the Planning Inspectorate determine that the application is complete and the Secretary of State considers the application to be of national importance, the application will be accepted.

3.4.5. If the Secretary of State does not consider the application to be of national importance, the application will be turned away.

3.4.6. If the Secretary of State does not consider the application to be of national importance, they may, under section 293D (7) of the Act, refer the application to the relevant LPA. If, under section 62A, the LPA is designated by the Secretary of State, the application may be referred instead to the Planning Inspectorate to proceed as a section 62A application.

3.4.7. If the applicant submits a connected application for Listed Building Consent, the Planning Inspectorate will check that it is complete (i.e., that all the required documentation has been submitted – see 3.5) and that it is connected to the planning application.

3.4.8. Provided that the Crown development application for planning permission has been accepted (in line with 3.4.1 – 3.4.6) and the Planning Inspectorate are satisfied that the connected application is complete and connected to the planning application, the connected application will also be accepted for consideration.

3.5. Required documentation and planning fee

3.5.1. The required documentation referred to in 3.4 above is as follows.

3.5.2. For an application for full planning permission:

• A completed application form
• A plan which identifies the land to which the application relates in GeoPackage (GPKG) data format, preferably with BNG epsg:27700 projection
• A statement setting out that the application is made in respect of Crown land and the reasons the appropriate authority considers that the development to which the application relates is of national importance
• Where the application is made by a planning agent authorised in writing to act on behalf of the applicant, a copy of that authorisation
• Information relating to the biodiversity gain condition - see the Planning Practice Guidance for a description of what information is needed
• Any plans, drawings and information necessary to describe the development which is the subject of the applicatio
• In an area where, on the date the application is made, a CIL charging schedule is in effect, a completed Form 1: CIL Additional Information
• Where necessary, a Design and Access statement – see the Planning Practice Guidance
• Where necessary, a Fire Statement – see the Planning Practice Guidance
• If the proposal is for EIA development, an Environmental Statement – see the Planning Practice Guidance
• The copy of the notice served on any other owner or tenant of the land to which the application relates (see 3.5.7 – 3.5.9)
• If the relevant LPA have a local list of validation requirements, any document on that list.

3.5.3. For an application for outline planning permission:

• A completed application form
• A plan which identifies the land to which the application relates in GeoPackage (GPKG) data format, preferably with BNG epsg:27700 projection
• Where the application is made by a planning agent authorised in writing to act on behalf of the applicant, a copy of that authorisation
• Any plans, drawings and information necessary to describe the development which is the subject of the application (if access is a reserved matter, the application must state the area(s) where access points to the development proposed will be situated)
• Information relating to the biodiversity gain condition - see the Planning Practice Guidance for a description of what information is needed
• In an area where, on the date the application is made, a CIL charging schedule is in effect, a completed Form 1: CIL Additional Information
• Where access is a reserved matter, the application must specify the area(s) where access points will be situated; otherwise, details need not be given of reserved matters
• Where necessary, a Design and Access statement – see the Planning Practice Guidance
• If the proposal is for EIA development, an Environmental Statement – see the Planning Practice Guidance
• The copy of the notice served on any other owner or tenant of the land to which the application relates (see 3.5.7 – 3.5.9)
• If the relevant LPA have a local list of validation requirements, any document on that list.

3.5.4. For an application for the approval of reserved matters:

• A written statement explaining that an application is being made for the approval of reserved matters, giving sufficient information to identify the outline planning permission to which the application relates
• Where the application is made by a planning agent authorised in writing to act on behalf of the applicant, a copy of that authorisation
• Any plans, drawings and information necessary to deal with the reserved matters
• In an area where, on the date the application is made, a CIL charging schedule is in effect, a completed Form 1: CIL Additional Information
• If the relevant LPA have a local list of validation requirements, any document on that list.

3.5.5 For a connected application for Listed Building Consent:

• A completed application form
• A plan which identifies the listed building to which the application relates
• Where the application is made by a planning agent authorised in writing to act on behalf of the applicant, a copy of that authorisation
• Any other documents and information necessary to describe the works which are the subject of the application
• Where necessary, a Design and Access statement – see the Planning Practice Guidance
• The copy of the notice served on any other owner or tenant of the land to which the application relates (see 3.5.7 – 3.5.9)
• If the relevant LPA have a local list of validation requirements, any document on that list.

3.5.6. For further information on the required documentation, please see the Planning Practice Guidance on Making an Application and Crown Development.

3.5.7. Applicants for planning permission (including full and outline planning permission but not including approval of reserved matters) and connected Listed Building Consent must notify any person that, on the date 21 days before the application is submitted, is an owner or tenant of the land to which the application relates. These people are known as statutory parties.

3.5.8. The applicant must serve notice on every statutory party whose name and address are known. If the applicant does not know the name and address of every statutory party and has taken reasonable steps to ascertain this information, they must publish a press notice in a local newspaper at some point in the 21 days period before the application is submitted. Schedule 1 of the 2025 Order provides a template for the notice to be served.

3.5.9. The applicant must sign the relevant site ownership certificate, which are available on the application form, and submit a copy of any notice served on a statutory party and/or a press notice alongside their application documents.

3.5.10. The planning fee will be calculated in line with the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 (as amended). When submitting the application, please advise what you anticipate the fee will be.

3.5.11. The Planning Inspectorate will confirm the amount and how the fee should be paid on receipt of the application.

3.6. Amendments

3.6.1. When submitting an application to the Planning Inspectorate, applicants must ensure that it is ready for determination. A decision will be made on the application as submitted. There is no specific provision in the process for amendments or revision to the application once it has been submitted. Applicants should ensure that the relevant information is submitted with the application, as we will not accept any additional information once the application has been submitted, other than in exceptional circumstances.

3.6.2. The expectation is that the application, once submitted, is ready for determination.

3.7. How to submit the application

3.7.1 Once the applicant has submitted their pre-submission notification to the Planning Inspectorate (see 3.3), they will be provided with instructions on how to submit the required documentation. This will be in the form of a file-sharing platform. Please keep file names as short as possible and consider our guidance on communicating electronically with us.

3.7.2 The applicant should submit the required documentation and the statement on national importance to MHCLG by via e-mail to crowncasework@communities.gov.uk.

4. Determination of applications

4.1. The role of the Planning Inspectorate

4.1.1. Each application is managed by a Case Officer, who is responsible for ensuring that all the necessary processes are followed, and the correct information is received.

4.1.2. A copy of the application documents will be made available to the relevant LPA. Consultation with statutory consultees and the relevant LPA will be carried out by the Planning Inspectorate. The requirements, and timescales for consultation, are set out in the 2025 Order.

4.1.3. For applications for major development and special development (see article 15 of the 2025 Order), the Planning Inspectorate will also publish a notice advertising the application in a local newspaper.

4.1.4. The time limit for receiving consultation responses and representations, which will be not less than 21 days from the date the application is accepted, will be communicated in all statutory notifications, publicity and on the Find a Crown Development Application service.

4.1.5. Consultation responses will be published on the Find a Crown Development Application service no later than 5 days after the end of the representation period.

4.1.6. The Planning Inspectorate will appoint an Inspector, or a panel of Inspectors, to determine the application. The Inspector(s) will be provided with the application documents, representations and any other relevant documents including the development plan policies.

4.2. The relevant LPA

4.2.1. The relevant LPA has a statutory duty to complete a questionnaire and provide information about the site, planning policy, and constraints in the area (see article 14 of the 2025 Order). Where the LPA has provided pre-application advice to the applicant, this can also be submitted; however, if it is submitted the LPA must be content that it is published on the applications website. The LPA also must carry out its normal notification duties, which may include erecting a site notice and/or writing to the owners/occupiers of adjoining land. The LPA’s notification will make clear that responses to applications should be sent to the Planning Inspectorate. The LPA is expected to undertake non-statutory consultation where necessary. The requirements and timescales, for notification by the LPA, are set out in the 2025 Order.

4.2.2. The LPA is also a statutory consultee and must provide a substantive response to the consultation within the time limit. This should include:

• the policies and any guidance, that are considered relevant
• responses from any internal and non-statutory consultees
• set out any additional information the LPA considers necessary
• a recommendation, with reasons, for whether planning permission should be granted or refused
• provide detailed comments on any submitted planning obligations, or set out any matters that the LPA considers should be secured through an obligation; and
• a list of conditions in the event that planning permission is granted

4.2.3. The LPA should work constructively with the applicant to ensure any Section 106 agreement is completed within the required timescales (see Appendix 1 below).

4.3. Consultation and representations

4.3.1. Statutory consultees are required to provide a substantive response within the time limit.

4.3.2. Details of how interested parties can make representations about an application can be found on the Find a Crown Development Application service.

4.3.3. Consultation responses and representations must be received by the time limit given. Any representations submitted after this date may not be taken into account.

4.3.4. If any representations or information received after the end of the representations period are taken into account, if the Inspector considers that the submissions present new information, we will provide the applicant and anyone that has commented on the application within the representations period an opportunity to submit comments on the new material.

4.4. Connected applications for Listed Building Consent

4.4.1. Where a connected application is made and accepted for consideration, a similar consultation process will run alongside the consultation process for the Crown development application for planning permission.

4.4.2. The roles of the Planning Inspectorate, relevant LPA, consultees and interested parties, will be the same (i.e., as outlined in 4.1 – 4.3).

4.5. Recovery of applications

4.5.1. In some circumstances, where the Secretary of State considers it expedient, Crown Development applications can be considered for recovery under section 293J. This power will be used exceptionally..

5. Procedure to be followed

5.1. Criteria to determine the procedure to be followed

5.1.1. At the end of the consultation period, the Planning Inspectorate will determine whether the application should proceed by written representations, hearing or inquiry. The decision will be communicated to the applicant, relevant LPA and anyone who submitted comments during the representations period.

5.1.2. The published criteria will be applied on a case-by-case basis in making the decision.

5.1.3. Section 319A of The Town and Country Planning Act allows the Planning Inspectorate to ‘combine’ procedures. For example, if it is decided that an application should follow the inquiry procedure, the Planning Inspectorate may choose, based on the criteria, to deal with certain issues by written representations.

5.1.4. The Planning Inspectorate will keep the procedure choice, including combined procedures, under review. Subject to any notification and procedural requirement, the procedure may be changed at any point before the decision is issued.

5.2. Written Representations

5.2.1. Where an application is determined through the written representations procedure, the application will be determined by the appointed person on the basis of written submissions usually following a site inspection.

5.3. Hearings

5.3.1 A hearing is a round-table discussion led by the Inspector or, as the case may be, a panel of Inspectors. The purpose of a hearing is to allow anyone who wishes to make oral representations to do so and for the Inspector to put questions to address any points of fact or outstanding queries they may have. It is not a forum for parties to seek to test the evidence of others through cross-examination or direct questioning. In most cases it is expected that the relevant LPA will provide a suitable venue for the hearing. It is expected that the LPA and applicant will be represented at the hearing.

5.4. Inquiries

5.4.1. An inquiry is the most formal of the procedures. Although it is not a court of law the proceedings will often seem quite similar. An inquiry is open to the public and provides for the investigation into, and formal testing of, evidence, usually through cross examination of expert witnesses and other witnesses. Parties may be formally represented by advocates.

5.4.2. The applicant, relevant LPA and any statutory party will be able to submit a statement of case. This must be submitted within 5 weeks of the date they are notified of the inquiry.

5.4.3. The Inspector or, as the case may be, panel of Inspectors, under rule 13(3) of the 2025 Hearings and Inquiries rules, may in writing require any person that has made a request to appear at the inquiry to also submit a statement of case. This must be submitted within 4 weeks of our writing to them.

5.4.4. The process for rule 13 will be broadly similar, though some details may differ, to that of rule 6 of The Town and Country Planning (Inquiries Procedure) (England) Rules 2000. For further information, please see the Planning Inspectorate’s guidance on rule 6.

5.4.5. Proofs of evidence must be submitted no later than 4 weeks before the inquiry date. If they exceed 1500 words, they should be submitted with a summary.

5.4.6. A case management conference (CMC) will likely be held in the run up to the inquiry. The Planning Inspectorate will notify anyone entitled to attend the inquiry of the details and circulate an agenda in advance.

5.5. Issuing the decision

5.5.1. After the inquiry or hearing or, in the case of written representations, the site visit, the Planning Inspectorate will issue a formal decision notice which will include a statement setting out the reasons for the decision. If the application is approved the decision will also list any conditions which are considered necessary.

5.5.2. If the application is recovered, the Inspector will produce a recommendation to the Secretary of State rather than issue a decision. The Secretary of State will consider the recommendation and issue a decision.

6. After the decision

6.1. Is there a right of appeal?

6.1.1. Section 293I (5) of the Act states that the only way to challenge a decision made on a Crown development application is by applying to the High Court under section 288. Any such application to the High Court must be made within 6 weeks beginning with the date after the day the decision is issued.

6.2. Who makes sure development is carried out in accordance with the planning permission?

6.2.1. Where planning permission has been granted on a Crown development application, the LPA continues to have the responsibility for monitoring the implementation of the permission, ensuring that it is carried out in accordance with the approved plans and any attached conditions. Applications to approve a matter reserved in a previous grant of outline planning permission may be made under s293D but the applicant will need to demonstrate why such an application is of national importance as well as meeting the other acceptance criteria (see 3 above). .

7. Contacting the Planning Inspectorate

7.1. Our contact information is:

The Planning Inspectorate
Customer Support Team
Temple Quay House
2 The Square
Bristol
BS1 6PN
Customer Form: Customer Services and general enquiries.
Helpline: 0303 444 5000

8. How we use your personal information

8.1 The Planning Inspectorate takes its data protection responsibilities seriously. To find out more about how we use and manage personal data, please go to our privacy notice.

Appendix 1 - Planning Obligations

Overview

Planning obligations, also referred to as Section 106 Agreements or unilateral undertakings, mitigate the impact of unacceptable development to make it acceptable in planning terms. The obligation is a formal legal agreement which is entered as a local land charge. It may place a restriction on the use of the land, require development to be carried out in a specific way, or require a financial contribution to be made by the applicant or their successor(s) in title.

Planning obligations may also be required even where a relevant LPA has adopted a Community Infrastructure Levy.

Applicants should contact the LPA at a sufficiently early stage to ascertain what is required in respect of any Section 106 agreement.

Pre-application

The Planning Inspectorate strongly advises all applicants for Crown development to engage in pre-application discussions with all the relevant stakeholders. This allows for a consideration of the main issues early in the development process where the likelihood of potential planning obligations can be raised. Agreement on the principles of a planning obligation should be reached with the relevant LPA and any relevant stakeholders prior to submission.

During pre-application discussions the relevant LPA should identify any tariffs that are already in place which may be triggered by the development proposal. It will be necessary for the LPA to justify the site-specific need for a planning obligation.

Where pre-applications discussions regarding planning obligations do not take place, the LPA should provide levy rates and/or relevant local policies with their questionnaire. By the end of the representations period, the Planning Inspectorate will expect all requests for planning obligations to have been made formally in writing, including an appropriate level of information and detailed justification. Where this has not been provided, the late submission of requests for planning obligations will only be accepted at the discretion of the appointed person.

Who is responsible for progressing an obligation?

Where a planning obligation is proposed the Planning Inspectorate will not be a signatory. The agreement will remain between the applicant, the landowner(s), and the LPA. Consequently, the Planning Inspectorate will not be responsible for the preparation or completion of any agreements.

It is the responsibility of the applicant and the LPA to ensure that a completed agreement is in place so that it can be taken into account in reaching a decision. For applications dealt with by the written representations procedure, the completed agreement should be submitted within two weeks of the end of the representation period. Where there is a hearing or inquiry the agreement should be submitted in advance of the hearing or inquiry date.

For the obligation to be considered complete, it must be signed and dated by all relevant parties and accompanied by a plan where necessary. A certified copy should be submitted to the Planning Inspectorate accompanied by a declaration from the LPA certifying that that it is a true copy of the original. The LPA should retain the original copy.

Where there is disagreement between the parties as to the content of an agreement, or whether all aspects are necessary, it can be structured so that the appointed person can direct that certain obligations are ‘struck out’ in the event they are found to fail the relevant tests. Where such an approach is taken, the applicant must submit a statement detailing reasons for each obligation they believe does not meet the tests. The LPA should set out its case in its formal representation.

Where the applicant considers that financial contributions would render the scheme unviable, the Planning Inspectorate will expect them to submit site-specific information relating to the viability of the scheme, to be submitted with the application. Where detailed analysis of additional information is required, an extension of time agreement may be necessary.

What should be submitted with an application?

Applicants should also be aware that some LPAs may set out the need for a draft Heads of Terms or draft Unilateral Undertaking as part of their local validation requirements. As a consequence, some applications will need to be submitted with this information for validation purposes. Given the timescales involved, however, applicants are strongly encouraged to have any obligations at an advanced stage prior to the submission of the application.

Parties to the planning obligation

Normally, all persons with an interest in land affected by a planning obligation – including freeholder(s), leaseholder(s), holders of any estate contract(s) and any mortgagees – must sign the obligation. Where there are different ownerships it may be necessary to define them by reference to a plan. Where an obligation is proposed, the agreement will remain between the applicant and the LPA, the Planning Inspectorate will not be a signatory.

The planning obligation must give details of each person’s title to the land. This should be checked by the LPA and the appointed person will ask for its assurance. Normally this is in the form of an up-to-date copy of an entry or entries from the Land Registry.

Where an applicant has only an option to purchase the land, the current landowner(s) will need to be party to any obligation binding the land. Counterpart documents are legal documents identical in all respects except that each is signed by a different party or parties. This is not appropriate in the case of planning obligations, since these are public law documents which are entered on the planning register and the local land charges register and are often copied to residents and other interested people. The planning obligation should be one single document executed by all the relevant parties.

There may be exceptional circumstances where it is agreed in advance by the parties that counterparts are the only practical option. In these cases, both the appointed person and the LPA should be satisfied that certified copies of all of the individually signed documents have been provided (by a solicitor or other suitably legally qualified person).

Format of the planning obligation

Where a relevant LPA use a standard format for planning obligations, then these should continue to be used through the Crown development process.

At a minimum it is expected that all parts of a planning obligation, including the signatures, should follow in sequence without gaps. The signatures should not normally start on a new page.

Any manuscript alterations to the text must be initialled by all the parties. Any documents or plans which are annexed to the planning obligation must be clearly identified in the text (by document title and date or drawing number) and any plans which are identified must be attached. Any plans must be signed by all the parties and any colouring of plans must match the description given in the text. If any plan is found to be inaccurate or missing, the planning obligation will need to be re-executed with the correct plan(s) attached.

Content of the planning obligation

In summary, a planning obligation, whether a s.106 Unilateral Undertaking or Section 106 agreement, should include the following:

• the land to which it relates (by a plan if necessary);
• the parties to the obligation, by names and addresses, and their relevant interest in the land. If a party is an offshore company it must give an address for service of documents in the UK;
• that it is a planning obligation, the legal powers under which the agreement or unilateral undertaking is entered into and the name of the LPA by which it is enforceable;
• that it comes into effect upon the grant of planning permission - even if the actions required by the obligation are triggered by subsequent events, such as commencement of the development;
• precisely the requirements which it imposes on the party or parties giving the covenant(s) in sufficient detail (including the parts of the land to which they are to apply, where relevant) to make them enforceable; and
• that any financial contributions are to be paid to the local planning authority or (by a suitably worded provision in the deed) any other relevant authority responsible for the provision of the particular public services to which the contributions apply.

It might be necessary to define, by reference to a plan, the proposed site(s) of particular facilities (e.g. open space) to be provided, or the detailed specification of the purposes to which particular financial contributions are to be put (including any time limits, quality checks, etc. which are to be applied).

It must make it clear when each of its requirements is triggered and whether there are any conditions affecting the performance of that requirement. For example, it should make it clear whether some other event needs to occur, or formal notice needs to be given, before a financial contribution becomes payable; or whether the terms of a transfer of land need to be agreed before affordable housing or some other community benefit is delivered.

Can a Unilateral Undertaking be submitted?

Where an applicant is already aware of the need for a planning obligation, or where an applicant considers a particular obligation to be sufficient to meet the relevant tests then a unilateral undertaking can be submitted. Where this is the case, the Planning Inspectorate will expect the undertaking to be submitted with the planning application. Where a unilateral undertaking is submitted as part of the planning application, it will be for the applicant to provide the necessary information to demonstrate why it is sufficient. Unless this is revised during the course of the application the appointed person will proceed on the basis of the information submitted. A unilateral undertaking should not try to impose requirements or obligations on any person other than the signing party e.g. it would not be acceptable to try to require a Registered Provider to exchange contracts within a set period.