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

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...

Precedent s 106 agreement

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

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