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S.106 Agreement – Planning Law


A section 106 (S106) agreement is a legally binding agreement or “planning obligation” between a local planning authority / the Council and a developer / the property owner. It seeks to mitigate the impact of the development on the local community and infrastructure. It might for example seek to:

– ensure that any new development does not put a strain on existing services and facilities such as roads, schools, open space or other community facilities and/or services.

– restrict development pending the satisfactory performance of measures or development coordination.

They are usually requested in the context of a planning application and are used when planning conditions are not suitable or could not deliver the particular requirement.

How can we assist?

Our team have extensive experience with S106 Agreements and we can assist by liaising with the Council in order to negotiate, draft and complete the S106 Agreement in a timely manner. It is imperative that developers address this requirement during the application process, otherwise the Council are likely to refuse permission in the absence of a S106 Agreement.

In the even planning permission is refused and the matter is appealed to the Planning Inspector, and one ground for refusal by the Council is the absence of a S106 Agreement we can also prepare one that can be submitted to the Planning Inspector.