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S.106 Agreement – Planning Law

Introduction

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.

Who will be carrying out the work?

Abdul Hafeez Darr: Abdul, LLB (Hons), Solicitor since 2001, oversees legal compliance, finance, and AML at Blakewater Certus. With experience in ‘magic circle’ firms and high-street practices, he specialises in civil litigation, business immigration, and commercial law.

Naheem Anwar
Naheem began his legal career in Leeds in 1998, training as a solicitor with international law firm Hammonds. Naheem qualified in 2002.After a period working as a Banking and Finance lawyer Naheem decided to specialise in Dispute Resolution.

Naheem has worked in Leeds, London and Manchester with a number of key players in the market including Hammonds and Ralli Solicitors.

Naheem is a Partner in the Commercial Litigation department specialising in Corporate and Commercial Litigation. Naheem handles disputes and litigation for businesses of varying sizes across a diverse range of industry sectors but specialises in particular in Commercial Litigation, including disputes arising out of commercial agreements.

Naheem also has experience in managing and resolving property issues and disputes for commercial and residential property owners, investors and occupiers. He is an expert in landlord and tenant matters, litigation, arbitration and mediation procedures.

Naheem has significant experience in debt enforcement matters and can advise on the variety of methods that are available.

Ayaz Hassan Darr: Ayaaz, Politics graduate from Aston University, joined our Conveyancing team in 2015. Specialising in residential matters, he offers practical, efficient service, covering conventional and Sharia compliant transactions.

Blakewater Solicitors is pleased to announce its acquisition of Certus Solicitors LLP, 33 Manor Row, Bradford, BD1 4PS on the 1st October 2023.

Blakewater Solicitors new trading style is Blakewater Certus, under which we will be able to provide our clients with greater commercial & litigation services, with the same excellent client service and technical expertise which has come to define us.