Planning Agreements and Section 106
Quite often nowadays Councils will only give planning permission if a landowner or developer enters into a legal agreement to fund ‘planning gain’. These agreements are allowed under Section 106 of the Town and Country Planning Act 1990, often referred to as ‘Section 106 Agreements.’ Of course the developer will need to decide whether the development is cost effective if the Section 106 has been factored in. The planning gain work may be necessary anyway or make the development more attractive to buyers.
Section 106 Agreements can be a ploy used by a Council who should not be refusing permission anyway. They can be very technical or may even be invalid for detailed legal reasons. On the other hand they can be a useful and sensible part of a development proposal, of benefit to all including the developer, and you may wish to suggest one or support one.
So, expert advice on all these matters can be very valuable. We can provide that and, if you wish, negotiate with the Council for you. It used to be that the Council suggested Section 106 agreements as part of the planning application process. abzIn recent years there has been a trend towards expecting the applicant to produce a unilateral planning obligation as part of the planning application.
If you find that you are expected to offer “planning gain” you ought to take specialist legal advice with regard to the terms proposed and the wording. We have the expertise required to advise you and if necessary negotiate for you on the terms proposed. Remember that anything you sign under section 106 of the Town and Country Planning Act 1990 will show up on a local search and binds not only you but any subsequent owners of your land.
For more information please contact Frances Barker at our Ipswich office on 01473 343911 or e-mail firstname.lastname@example.org