Precedent s 106 agreement
Produced in partnership with Dalee Kaur of Bevan Brittan LLP
Precedent s 106 agreement

The following Planning precedent produced in partnership with Dalee Kaur of Bevan Brittan LLP provides comprehensive and up to date legal information covering:

  • Precedent s 106 agreement
  • Background
  • 1 Interpretation
  • 2 Statutory powers
  • 3 Land bound
  • 4 Conditionality
  • 5 Developer's covenants
  • 6 Council's covenants
  • 7 County Council covenants
  • 8 Release and lapse
  • More...

AGREEMENT

relating to

Section 106 of the Town And Country Planning Act 1990 [and [insert other legislation]] in relation to the development at [insert address]

This Agreement is made on [insert date] of [insert month] [insert year]

Parties

  1. 1

    [insert name], of [insert address] ("Council");

  1. 2

    [insert name], of [insert address] (“County Council”);

  1. 3

    [insert name], a company incorporated and registered in [insert details] with number [insert details] which has its registered office at [insert address] ("Developer"); and

  1. 4

    [Additional parties as necessary eg owner, landlord, mortgagee, option holder etc.] ("[insert additional parties as necessary eg owner, landlord, mortgagee, option holder etc] ").

Background

    1. (A)

      The Council is the local planning authority for the purposes of s 106 of the 1990 Act for the area within which the Land is situated .

    1. (B)

      The County Council is the local highway authority for the area within which the Land is situated.

    1. (C)

      [Recite ownership details for the Land].

    1. (D)

      The Developer submitted the Application to the Council and the Council has resolved to grant the Permission subject to the completion of this Agreement. [The Application has been called in by the Secretary of State for [his] own determination and a public local inquiry is due to commence on [insert date].]

    1. (E)

      The Developer has agreed that the Development shall be carried out only in accordance with the rights and obligations set out in this Agreement.

    1. (F)

      [Recite

Popular documents