S106, Legal Matters & Viability

This is an area of great interest since the publication of the National Planning Policy Framework (NPPF) in 2012 and the Localism Act in 2011.

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Negotiating Financial Viability

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Negotiating the overall package of S106 payments is critical to ensuring that development remains viable and thus deliverable, whilst complying with the requirements of the CIL Regulations.

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We are experienced in dealing with this on behalf of clients and we will work with, or recommend, planning solicitors and surveyors to support these negotiations where appropriate.

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We also work with planning authorities to secure infrastructure commensurate with the scale of development proposed, in particular looking at the timing of provision of infrastructure and the impact that cash-flow from specific projects can have on delivery of key elements of physical and social infrastructure (e.g. schools, roads, community facilities etc).​

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S106

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S106 agreements are commonly required for major developments (e.g. residential schemes of 10 or more units or larger commercial proposals). 

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S106 agreements (or unilateral undertakings) can cover a range of matters including:

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• Affordable Housing (numbers, mix and tenure)

• Education contributions

• Highways infrastructure

• Social and community facilities

• Public open space / sports and leisure

• Biodiversity

• Public Art

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We are experienced in negotiating and advising on the content of these obligations and ensuring that they meet the CIL Regulation 122 tests.

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