A planning obligation, also known as a legal, planning or Section 106 Agreement (a reference to the relevant section of the Town and Country Planning Act 1990), is the overarching legal agreement which results from the planning obligations process. Planning obligations are used by Local Planning Authority’s to ensure that new development makes a positive contribution to the local area. This takes place by balancing the additional pressure created from development and overcoming difficulties which would otherwise result in planning permission being refused. The idea is that it creates a ‘planning gain’ to a community.
Any planning obligations sought by the Council must comply with the tests set out in the Community Infrastructure Levy Regulations 2010 and in the National Planning Policy Framework and National Planning Policy Guidance. At Bloomfields we are able to advise as to when legal agreements can be sought by the local planning authority, challenge a Local Planning Authority justification for the request for a legal agreement, negotiate the requirements of legal agreements, manage applications to modify a planning agreement or an appeal against a refusal to change a planning obligation (Section 106 agreement).
We work with legal professionals to remove and discharge older legal agreements which can often be associated with agricultural ties.
The team at Bloomfields also have experience in the preparation of Unilateral Undertakings, another form of legal agreement used to create a ‘planning gain’.