Belfast·SPG002 Development Viability·Page 38·6.4.4
Section 76 Agreement Completion and Heads of Terms
Section 76 agreements must be finalised and ready for completion before planning application determination. Heads of terms should be submitted at pre-application discussion stage and agreed by all parties; if required obligations cannot be secured, the Council may refuse the application.
The s76 Agreement referred to above shall be finalised and ready for completion prior to determination of the planning application. Heads of terms are useful when recording what is to be included in a proposed agreement and what is not. Proposed Heads of Terms should be submitted at the PAD stage and agreed by all parties. The items to be included in the agreement will depend on the nature of the scheme negotiated. For all schemes, in the event that required obligations cannot be secured by way of Section 76 Agreement, the Council may refuse the planning application, on the basis that the proposal is unacceptable without them.
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