Building space in the UK is at a premium and therefore the constructive use of any available land becomes a priority. Section 106 agreements govern certain aspects of land development and can set out how and in which way the land can be used. This can be a difficult area of commercial property litigation and it's important to have the correct approach from the beginning. Oratto member commercial property solicitors have wide-ranging expertise on all aspects of section 106 agreements.
A section 106 agreement is applied where there are restrictions governing the use of land. Inter alia, these include:
- Areas where planning permission must be sought and only certain activities can take place
- Land which has restrictive covenants on its use
- If there is a scheme where money is paid to the council for a particular reason, such as road development, public transport issues or anything which the council feel would benefit its local taxpayers. It is this category which is by far the biggest.
When you are considering a planning application, it must meet with national planning policies as well as local. Having the correct approach from the beginning means that you are far less likely to encounter problems later on in the process, and your solicitor can keep you advised on this.
Seeking advice from an Oratto member commercial property solicitor at an early stage will give you the peace of mind you need to create a binding section 106 agreement. Although these agreements are normally confined to large housing developments, they can also be used to govern smaller projects such as seasonal use of beach huts and the acceptable use of house extensions.
A solicitor will also be able to liaise effectively with the local planning authority so that a mutually agreeable solution can be found to any problem which may arise. Plus, it's worth bearing in mind that all supporting documents must be presented to the authority correctly as Section 106 covers specific planning agreements which are binding for the developer. The agreement will also specify any applicable timescale, and the circumstances under which it must be fulfilled.
Drafting a section 106 agreement to set out exactly what you need it to say can be complex and challenging. A thorough, experienced commercial property lawyer is a must. Oratto member solicitors have all the knowledge and industry skill that you will need to submit a successful section 106 agreement.
Oratto can connect you with a highly experienced solicitor who will be able to answer your litigation questions – so that you have the information at your fingertips when you need it.