Increasingly, before any planning application can be approved the Local Planning Authority will require the applicant to enter into an agreement to secure contributions for, or the provision of, infrastructure to make the proposed development acceptable in planning terms. The Agreement in question is known as a s.106 agreement and the infrastructure provision it secures are known as planning obligations.
Planning obligations are likely to cover the provision of affordable housing, education facilities, highways improvements, healthcare and public open space. These are just a few types of planning obligation that may be required under a s.106 agreement but the planners' wish-lists seem to be growing all the time!
We can assist where a s.106 agreement is required by negotiating on the planning obligations and then preparing, drafting and finalising an agreement in order that planning permission may be issued.
If the planning obligations cannot be agreed between the developer and the Local Planning Authority, a s.106 undertaking may be submitted with a planning appeal to try to obtain planning permission. Here too, we can advise on the best way forward.
Once entered into and binding on the developer, s.106 agreements can only be varied or discharged in certain circumstances and in the majority of cases only by agreement with the Local Planning Authority. We can advise on the prospects of achieving a variation and on how to go about it.
Other types of legal agreement that are regularly required in order to secure planning permission are s.278 agreements for highways works and s.38 agreements for adoption of a road as public highway. Here too, we can advise on and prepare these agreements so that progress can be made on the development in question.
Whatever form of legal agreement you require in connection with a planning matter, our specialist team is able to assist with precise, practical and cost-effective advice.
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