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Section 106 planning obligations

Section 106 of the Town and Country Planning Act 1990 (as amended) ("the 1990 Act") allows landowners to enter into "planning obligations" either:

  • unilaterally; or
  • by agreement with us.

Most planning obligations are by agreement and are referred to as Section 106 Agreements. Planning obligations must relate to a specific area of land that is identified on a plan or map attaching to the obligation.

Fees

Section 106 agreements are normally dealt with by our Planning Solicitor or by external solicitors appointed by us, and the owner/developer will be liable to pay our/external solicitors' legal fees for drafting and completing the agreement.

Monitoring of Section 106 agreements is charged at the rates shown in the document below.

Section 52 Agreements (Town and Country Planning Act 1971)

Some agreements date from before the 1990 Act when they were known as Section 52 Agreements. The provisions of Section 52 were similar but not identical to Section 106 and any agreements entered into under Section 52 continue to be enforceable today.

More information

Click on the headings below for more information on Section 106 planning obligations.