Planning Advisory Service (PAS) Logo
Planning Advisory Service (PAS)
Grŵp agored | Wedi dechrau - Gorffenaf 2012 | Gweithgaredd diwethaf - Heddiw

Unilateral Undertaking - developer won't pay as says he signed "under dures

Former Member, Addaswyd 12 Years yn ôl.

Unilateral Undertaking - developer won't pay as says he signed "under dures

I have recently been chasing a developer for an Open Space Contribution overdue to the Council, and he claims that he will not be paying it because he was forced to sign the Unilateral Undertaking "under duress"! He says that planners said that he had to sign the UU otherwise he probably would not get planning permission. This is the reality - it is policy in our district to ask developers for contributions to open space for every new dwelling in an application because it increases the pressure on existing open space due to the increase in population. He says that he has taken legal advice from a solicitor who suggests that he was put under duress to sign the agreement and therefore it is not legally binding. Has anyone else had a similar issue before? If so how was it dealt with? Should the contribution be waived or should I chase him up to pay it? He might just be trying it on assuming that we now back down? Any comments welcome. Thanks. Graeme
Former Member, Addaswyd 12 Years yn ôl.

Re: Unilateral Undertaking - developer won't pay as says he signed "under d

So many thoughts have popped into my head! However, trying to remain sensible, I think it is perfectly legitimate to reiterate the policy REQUIREMENT and simply remind Mr U Duress that you were applying that policy. I would even re-send him the appropriate policy extract. Just curious, did you carry out the signing in a concrete room with bare walls, no windows and a single, swinging light bulb? Adam
Former Member, Addaswyd 12 Years yn ôl.

Re: Unilateral Undertaking - developer won't pay as says he signed "under d

H Graeme What were the circumstances surrounding the UU? was the planning permission allowed at Appeal? If so it may be worth familarising yourself with appeal decision. Personally though as its a UU and not an agreement I am surprised he signed it! That's the beauty with UUs you only obligation yourself to provide what you (i.e. the developer) want(s).
Former Member, Addaswyd 12 Years yn ôl.

Re: Unilateral Undertaking - developer won't pay as says he signed "under d

Thanks Adam and Oliver. I'll discuss these with my line manager! Thanks. Graeme
Former Member, Addaswyd 12 Years yn ôl.

Re: Unilateral Undertaking - developer won't pay as says he signed "under d

If the developer's solicitor is really advising him to use an 'under duress' argument then the first thing I would do is advise him to change solicitor or (which may be more relevant) appoint a planning solicitor, or just a plain old planning consultant! I'm sure any court would lose no time telling him he wasn't actually under duress - he could have accepted a refusal and appealed that. What he really means is that it was expedient at the time for him to sign the UU in order to get the consent, which is a decision made by applicant's all the time. Amongst his many options, he can apply for the same development again and argue that the contribution is not warranted. What may be relevant to this is tthat an SPD spelling out contribution levels does not of itself comply with CIL reg 123, which is point that many a Planning Inspector has had to drive home in the last few years as more and more contribution SPD's have been adopted.