The following Property guidance note provides comprehensive and up to date legal information covering:
Agreements made under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) (formerly section 52 agreements), also known as 'planning obligations' and ‘s 106 agreements’, are agreements between developers and local planning authorities (LPAs) that require developers to contribute towards a range of infrastructure and services, such as community facilities, public open space, transport improvements and/or affordable housing, to mitigate the impacts of their development. They bind land and are enforceable against successors in title.
See Practice Note: Planning obligations—key points and Checklist for drafting a section 106 agreement.
LPAs usually provide the first draft of the s 106 agreement, based on their standard agreements or model clauses. The developer then amends it and negotiations are undertaken to come to an agreed decision. Although each s 106 agreement will be unique and respond to the particular development which it regulates, there are a number of provisions which one would expect to see in all s 106 agreements, see Precedent: S 106 agreement.
It is a good idea to raise any difficult issues or controversial clauses in the course of pre-application discussion or negotiation with the LPA.
There are a number of restrictions on what form of obligation can lawfully be imposed as a planning obligation (see Practice Notes:
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.