S106 Agreements and Appeals

S106 agreements

Once a negotiated figure or amount of affordable housing has been agreed upon, an S106 agreement must be drafted, the terms agreed and the document signed to obtain consent. S106 heads of terms will normally be expected to be finalised prior to any resolution to grant consent, and no consent will be issued without a signed s106 agreement.

Largely we find that local authorities and solicitors acting for applicants require specialist support when drafting the terms for complex section106 agreements, particularly on matters that intersect with viability reporting and negotiations such as  early or late review mechanisms, late payment of contributions, and specific triggers for planning obligations.

There is also a negotiation element to drafting these legal documents which is often underestimated. While absolute quantities of affordable housing or s106 contributions are agreed during viability negotiations, payment terms, triggers and more complex commuted sum or review mechanisms require finesse to ensure actionable, enforceable legal documents.

S106 agreements are often drafted in a hurry at the end of the planning process and the implications not fully understood. We provide full advice on all terms and clauses included, and outline the commercial implications prior to any agreement. We will negotiate with the council’s legal department on your behalf, or support your preferred legal adviser in this regard.

We also provide in house S106 agreement drafting to ensure these legal documents are appropriately worded and there are no surprises.



It is not always possible to achieve a mutually accepted negotiated outcome. If your application goes to appeal we also provide appeal submissions and expert support to ensure the inspector fully understands the details of the viability case, and that there are no misconceptions surrounding viability methodology, adopted policy, planning legislation, the facts of the site, or the individual values included in any financial viability appraisal.

It is not often realised that a planning appeal is more a rehearing of the matter. Therefore, even if viability has not been considered at planning application stage, you can introduce the matter in to the appeal. This must be done from the day you submit the planning appeal.

See our blog posts on recent appeal decisions for further information.

Read more about our experience with negotiations, s106 agreements, and appeals. If you are in need of negotiation help, s106 agreement advice, or appeal support, get in touch with us today.

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