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Planning Obligations

Wednesday, May-22, 2024

Planning Obligations

Katy Maskell-Edwards

Anyone planning a development, whether a single house or a bigger project, needs to be aware that planning obligations, designed to regulate the build within local authority  planning policy may become an issue.

Katy Maskell-Edwards, a Senior Associate in our Residential Property Department, has recently been acting on behalf of a client by completing a section 106 agreement with relation to a self-build.

Section 106 agreements are legally binding and enforceable agreements, usually between the person with an interest in the land and the local planning authority and can cover a range of measures designed to make a planning application acceptable, such as infrastructure or  affordable housing.  In the case of self-builds the local authority may place a restriction that the person with primary input reside in the property as the main residence for a period of three years following practical completion. Developers then have to comply with any conditions attached to their planning permission.

Katy, who has a wealth of experience in property, working on behalf of both individuals and companies, said: “Section 106 agreements are very common and something that local authorities are well practiced in negotiating but the same is not always true for developers, particularly if they are private individuals rather than businesses. I would, therefore, urge anyone who finds that being granted planning permission is dependent on such an agreement to seek legal advice at an early stage.

“In some instances, a section 106 agreement can be a unilateral undertaking entered into by a person with an interest in the land without the local planning authority if it appears that would be beneficial in gaining planning approval but, again, legal advice should be taken.”

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