Increasingly, Councils require landowners and developers to agree to what is sometimes referred to as “planning gain”. This may take the form of an allocation of a proportion of a new housing development for affordable housing; or a financial contribution to infrastructure such as highway improvements; or public open space or recreational facilities. Sometimes there may be a restriction on the permitted use, similar to a restrictive covenant. Sometimes there may be a requirement to carry out work.
Traditionally, the Council negotiated a planning agreement (referred to as a section 106 agreement) as part of the planning application process. In recent years there has been a trend towards expecting the applicant to produce a unilateral planning obligation as part of the planning application.
If you find that you are expected to offer “planning gain” you ought to take specialist legal advice with regard to the terms proposed and the wording. Remember that anything you sign under section 106 of the Town and Country Planning Act 1990 will show up on a local search and binds not only you but any subsequent owners of your land.
We have the expertise required to advise you and if necessary negotiate for you on the terms proposed. We also have experience of drafting planning agreements for developers, landowners and local planning authorities.
"The ease that we could access and speak to Pat Smith - Thank you"
"This is by far the go-to firm for any issues. You are made to feel valued from the outset and they are so confident in what they do. Wouldn't recommend any other. Thank you Hugh and Max."
- Ros Jones
"Prompt, helpful, polite and very professional service"
"I would like to say thank you for your help, support and guidance over the last two and a half years. Obviously should I need further assistance in the future I shall not hesitate to call you guys."
"I don't think this house sale would have pulled together without Jo's determination and expertise. Excellent!"
"We found Rachel Dawson outstanding, polite, professional and caring."
"Approachable, very efficient, always willing to take my calls and update me."
"“ This is the second time we have used Tracey for the conveyancing to buy our new home. She is always completely approachable, she has helped us along the way with advice and useful tips that has helped lessen the stress. We have complete confidence in her and would not hesitate to recommend her to our friends and family”. - Peter Dawes, Cater Dawes Financial Planning "
"Jade made the process of buying our first home quick, easy and took the stress out of a new chapter of our lives"
"Jade Shelton was absolutely fantastic!! Professional and proactive at all times."