SECTION 106 AGREEMENTS

Under section 106 of the Town and Country Planning Act (as amended by the Planning and Compensation Act 1991) The local authority is given the power to require a ‘section 106 agreement’ or ‘Planning Obligation’ from you in connection with the grant planning permission.

If your proposals are such that the local authority wishes to attach a section 106 agreement, we will first assess your proposals to establish whether they meet the criteria that allows the local authority to impose such measures.  If we deem that it is beyond their powers to insist upon this measure, we would make representations in defence of your position.  If your proposal meets the criteria, we would represent you in negotiations to minimise your liability.  On assessment of your proposal, it may be that we advise you in the submission of a ‘unilateral undertaking’ under section 106 of the Act.  This is the same as Section 106 agreement except it is an undertaking that you make of your own accord which allows you to choose the terms of the agreement and if accepted by the local authority, limits their power to impose an agreement on their own terms.

This is a complex area of the planning system where we are able to apply our expertise to guide your application through with a view to achieving the best possible result in your favour.

FEATURES & DISCUSSION

A POINT IN CASE......

PLANNING ISSUES

PARTY WALL ISSUES