Planning Agreements

Under Section 106 of the Town and Country Planning Act 1990 as amended, local authorities can require land owners and developers wishing to undertake development within their area to enter into certain planning obligations.

These obligations could include financial obligations to local infrastructure projects, contributions to local education and other services. The obligation could extend to the provision of social housing. It is legitimate for a local authority to refuse planning in the event that the Planning Agreement has not been entered into. It is important to note that anybody with an interest in the land will be required to enter into a Planning Agreement and this includes mortgages. A Planning Agreement can be entered into with the local authority or can be more simply signed by the developer and land owner and presented to the local authority. The latter is known as Unilateral Undertaking.

Planning Agreements should not be entered into by land owners without legal advice. The obligations are given by the land owners and the obligations are enforceable against them by the local authority.

For advice on Planning Agreements or any other development issues contact our Real Estate team at realestate@herrington-carmichael.com.

 

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Led by practice head Tim Hardesty, the team at Herrington Carmichael LLP has ‘an intelligent and business-like manner’ and ‘always provides a first-class service that is excellent value for money’. It acts for an impressive roster of residential builders and investors as well as broader commercial property clients. The group’s recent work includes the purchase of development sites for substantial house building, commercial borrowing mandates, and handling the acquisition of an office leasehold for an overseas client. Mark Izquierdo stands out for his ‘outstanding expertise  combined with a fine legal brain and an uncompromising level of business and commercial acumen’ and Daniel York, who leads on landlord and tenant and secured lending work, is ‘a good leader’. Other key team members include Claire McSorley and new hire associate Terri Warren, who joined from Perrins Solicitors LLP and has many years experience in social housing and acquisitions work.

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