Planning Agreements are legal documents associated with the development and use of land. Planning Agreements, commonly known as Section 106 agreements (under the Town and Country Planning Act 1990), are entered into between local authorities and developers to mitigate the impact of new developments on the local community and infrastructure. Our Property Development and Commercial Property solicitors and lawyers advise developers on Section 106 Agreements. Our work for you may include:
- Advising on Legal Obligations
- Explanation of Requirements: We advise developers on their obligations under planning law, including when a planning agreement is required.
- Scope and Content: We explain what may be included in a planning agreement, such as affordable housing contributions, infrastructure improvements (like roads and schools), and environmental considerations.
- Drafting and Reviewing Agreements
- Drafting: We can draft the planning agreement, ensuring that it complies with legal requirements and adequately reflects the developer’s and local authority’s intentions.
- Reviewing: We can review agreements prepared by local authorities or other parties to ensure they are fair, lawful, and in the best interests of the developer.
- Negotiating Terms
- Negotiations: We will engage in negotiations with the local authority (and sometimes third parties) to agree on the terms of the planning agreement. This can include negotiating the scope of contributions, timing of payments, or other obligations.
- Viability Issues: We may also assist in negotiating terms based on the financial viability of a project, ensuring that the developer’s contributions are reasonable and sustainable.
- Ensuring Compliance with Planning Policies
- Policy Compliance: We ensure that the planning agreement complies with local and national planning policies, such as the National Planning Policy Framework (NPPF).
- Community Infrastructure Levy (CIL): We will advise on the interaction between Section 106 agreements and the Community Infrastructure Levy (CIL).
- Handling Disputes
- Dispute Resolution: If disputes arise regarding the planning agreement’s terms or implementation, our Dispute Resolution team can provide representation and legal advice to resolve these disputes, either through negotiation or litigation if necessary.
- Monitoring
- Implementation: We can assist in monitoring compliance with the terms of the planning agreement after it has been finalised, ensuring that the obligations are met as the development progresses.
- Due Diligence for Property Transactions
Property Purchases: When land subject to a planning agreement is being bought, we perform due diligence to ensure the buyer understands and can comply with the planning obligations.
CONTACT US
If you wish to discuss a case with us, please contact Julian De Giovanni on 01420 81281 or fill in the form below.
“Thorough on acquisitions and smooth on sales. Proactive and commercially astute. Not fazed by dealing with large London or regional firms. Good sense of humour and remains calm under pressure. Gets the job done time and time again.”
“…I particularly wish to thank you for all your hard work, advice and support throughout, which has been a significant factor in enabling us to get to goal. I know that you have often spent a lot of time on this matter after normal office hours to ensure progress of the sale was maintained – all very much appreciated.”
“We use Julian De Giovanni because we have found him adept at identifying problems early on and then either resolving them or advising us of our position. He always has in mind the importance to us of being able to sell on completed units quickly and cleanly once we have concluded a project. Julian puts in the extra effort that is required to get the job done. He is contactable, answers the phone and replies to messages. He meets and exceeds our expectations whilst remaining a pleasant person to deal with! I have had no hesitation in recommending him to others.”
