Chelmsford City Council Tree Planting Agreement.
a. The tree planting contribution paid to Chelmsford City Council will be put towards the Council’s ambition to plant at least three trees for every home in the Local Plan to assist in delivering the Climate and Ecological Emergency Action Plan.
b. The tree planting 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 tree planting contribution would only become payable if and when development commences.
c. No refund of the tree planting 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i) The planning application has been withdrawn prior to a decision having been issued; or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of planning permission, that appeal has subsequently been dismissed by an Inspector or the Secretary of State, or withdrawn by the appellant.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d. In respect of any refund (including where an application is withdrawn):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.
