© S106
“Modify or Discharge S106 Agreements”
Planning consultant
Paralegal s106 agreements
Planning obligations can cause problems
with your development from the moment
you speak to a planning officer, many local
authorities have adopted policies which
create a culture of “You want planning you
must sign here”.
The initial problem is knowing what the
planners can and cannot do and once you
have signed that legally binding contract
you will have great difficulty overcoming
the issues you will encounter that you may
not have even considered.
You need to get advice before you submit a
planning application.
Points of interest will be:
Finding out what the planners want
Offering what you can afford
Negotiating the heads of terms
Refusing to provide certain contribtions
Being businesslike and assertive
Knowing that a firm refusal to provide
affordable housing isn’t a valid reason
for the planners to refuse permission to
develop a site
Section 106 agreements have to meet
several legal and policy tests, they also have
to be enforceable and precise.
Annexe? Don’t think so
Many local authorities try to tie garden buildings to the main
house, here is a ridiculous example.
Government Initiatives
The government sees the need for much more new housing
than is currently being built but Section 106 negotiations are
holding up the system, particularly among self-build and small
builders. They are minded to remove the burden for these
developments.
Don’t sign anything until you have presented your case as to the
viability of the development.
Don’t sign that legal agreement without advice
Sign in haste, repent at leisure. Get a second opinio.
Once you are committed the hard work is ahead of you if the
proposals aren’t going to make you a profit.