Section 106 Agreements and Community Infrastructure Levy

Section 106 Agreements and Community Infrastructure Levy

A Section 106 Agreement is a legal document which often accompanies a planning permission and is made between Local Planning Authorities and developers.

It covers the issues that cannot be dealt with by condition in the planning permission such as the provision of affordable housing or the requirement to pay contributions towards, for example, highway works, or a school in the local area.  Sometimes the Local Planning Authority will ask you to prepare a Unilateral Undertaking to cover the planning obligations.  This is similar to a Section 106 Agreement except it is only signed by the developer and not the Local Planning Authority.  Our team can draft and negotiate Section 106 Agreements and Unilateral Undertakings on your behalf.

Where a Local Planning Authority has adopted a Community Infrastucture Levy Charging Schedule they will require you to pay Community Infrastructure Levy (CIL) possibly in addition to a section 106 Agreement to cover affordable housing.  We can advise you on your obligations under CIL and section 106.

We act for both developers and local authorities in drafting section 106 Agreements.

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