Section 106 agreements

A section 106 agreement is usually negotiated between a developer and a local planning authority to secure a financial contribution, the provision of infrastructure, or the restriction of the use of land or buildings for a specified purpose.  The agreement is usually, but not always, entered into in connection with the grant of planning permission and can be entered into unilaterally or bilaterally. 

Sharpe Pritchard’s specialist planning lawyers have drafted and negotiated numerous such planning obligations of varying complexity. We advise clients on any aspect of the use, modification and discharge of planning obligations. 

Our solicitors have acted on behalf of a number of local planning authorities, housing associations and private sector clients in connection with the negotiation of planning obligations in the context of planning applications and appeals (including in the latter reviewing and commenting on unilateral undertakings submitted by appellants). In particular, the Sharpe Pritchard planning law team has negotiated complex planning obligations in respect of some of the UK’s biggest housing permissions. Five of our matters were ranked in the Planning magazine survey of the largest planning permissions 2014 - Earl’s Court, Kidbrooke Village (we dealt with the associated CPO), North West Cambridge (University scheme), Berryfields and Towcester Southern Extension (See “Planning” magazine of 23 May 2014).  

We are consistently rated highly in the Planning Magazine survey of leading planning solicitors and we are ranked in Chambers and Legal 500. In 2014 we were finalists for Planning Law Firm of the Year category for the prestigious Planning Awards.    

Recent work

  • housing projects including the Earls Court Exhibition Site, North West Cambridge (University Scheme); and Berryfields major development area;
  • negotiating the section 106 agreement for the Princess Royal Barracks Ministry of Defence site in Deepcut;
  • drafting and negotiating various section 106 agreements for sites within the Vauxhall Nine Elms and Battersea opportunity area (VNEB), including the Riverlight development, Eastbury House, Hampton House, Vauxhall Square, Sainsbury’s Wandsworth Road and Albert Embankment;
  • drafting and negotiating the planning obligation relating to the redevelopment of Towcester South Extenstion which secured the provision of 2,750 new homes, local centre, two primary schools, and infrastructure provision such as the new relief road.
  • drafting and negotiating various section 106 agreements in respect of the Cambridge Southern Fringe and Cambridge North West expansion sites.
  • Waterloo Opportunity area – a number of major Section 106 Agreements in this area including the Shell Centre, Elizabeth House and the Former County Hall Island Site.

 

What others say

“Thank you very much for your help and support - it was not the easiest of section 106s (an understatement if there ever was one) but you were clearly on top of it and you made our lives that bit easier” Head of Planning, London local authority.

“Well done! Section 106 completed in PPA timescale. Tremendous effort, thank you. Please pass on my thanks to rest of the team” Joint borough planner, London local authority.

Well done to the whole team… You have all worked very, very hard to get these done this week….that is a bumper crop of agreements by any standardAssistant borough planner, London local authority.

“I have very much enjoyed working with you and your colleagues and have always been satisfied with the service received” Senior planner, rural local authority.

Special thanks…for pulling out the stops in incredibly difficult circumstances.  It should be the developers thanking you too.  Fantastic service and achievement” Planning team leader from London authority.

“…just want to say thank you for your help in getting this over the line.  Appreciate this was a very fast turnaround and your approach was extremely refreshing.  … I keep my fingers crossed you are instructed next time” The development executive of a leading housebuilder.

Thank for your work on this particularly during the tricky Christmas/New Year period” – Planning officer at a London local authority.

Updates

16 August 2018

Contrasting Developments in extending the time limit for starting procurement challenge proceedings
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15 December 2017

Sharpe Pritchard acts for Merton Council in landmark deal returning AFC Wimbledon to Plough Lane
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21 March 2017

Sharpe Focus 18 – news, projects and legal updates
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