Chelmsford City Council Essex Coast Recreational Disturbance Avoidance Contribution Agreement.
a. The habitats mitigation contribution paid to Chelmsford City Council will be put towards mitigation of the adverse effect of the proposed development on protected Habitat Sites along the Essex coast as set out in the Essex Coast RAMS
b. The habitats mitigation contribution is an up-front direct payment as an expeditious and simple alternative to entering into a planning obligation. Applicants have the option instead to enter into a planning obligation (by way of completing a standard form unilateral undertaking or entering into an agreement) pursuant to Section 106 of the Town and Country Planning Act 1990. With a planning obligation the habitats mitigation contribution would only become payable if and when development commences.
c. No refund of the habitats mitigation contribution will be made unless:
i) The planning application has been withdrawn prior to a decision having been issued; or
ii) A refusal decision has been issued on the planning application and no appeal has been lodged within the relevant appeal period1; or
iii) In the case where an appeal has been lodged against refusal of planning permission, that appeal has subsequently been dismissed by an Inspector or the Secretary of State, or withdrawn by the appellant.
Note: (i), (ii) and (iii) do not apply if the contribution has been transferred to a subsequent or alternative application.
d. In respect of any refund (including where an application is withdrawn):
- A request for a refund will be made to the Section 106 Officer in writing and using / completing such form as Chelmsford City Council may require
- No interest will accrue to be refunded.
