Section 106

With legislation, policy and local planning practice evolving at pace, organisations need clear, commercially grounded advice to secure deliverable outcomes. Our planning team specialises in Section 106 agreements, providing strategic support that balances development objectives, regulatory requirements and community benefit. As experienced planning lawyers, we help clients navigate complex negotiations for developers, landowners and local authorities and shape obligations that remain workable throughout a scheme’s lifespan.

Section 106 agreements are bespoke contracts that  impose obligations for on-site infrastructure and development. They frequently include obligations relating to highways improvements, open space, community facilities and affordable housing legal requirements. Our experience extends across drafting, negotiation and modification of planning obligations, ensuring that agreements remain aligned with funding, delivery models and long-term asset management.

Clients benefit from our sector-specific knowledge across housing, regeneration, mixed-use development and public law, alongside proactive monitoring of policy shifts, case law and legislative reform.

Our Services

We advise developers, registered providers, local authorities and private investors across all aspects of Section 106 work. As trusted section 106 agreement lawyers, we support:

• Drafting and negotiation of Section 106 obligations and deeds of variation to vary or renegotiate obligations where market conditions or regulatory requirements have changed
• Drafting and negotiating Nomination Agreements
• Advising on community infrastructure levy
• Drafting and negotiating Biodiversity Net Gain agreements
• Advising on interactions between planning obligations and funding, viability and lender requirements

Our clients span housing providers, major local authorities, national developers and community-focused organisations undertaking regeneration, residential, commercial and infrastructure schemes.

Case Studies

• Vivid Housing Limited – Tipner East Regeneration: We advised on the planning application for a major mixed-use scheme including 835 homes in 11-storey towers on a highly sensitive site affected by contamination, flood-risk designations and proximity to Portsmouth Harbour’s protected habitats. We secured relief under the Community Infrastructure Levy Regulations, drafted and negotiated the Section 106 agreement, and supported biodiversity credit acquisition and environmental permitting.
• Major South East Local Authority – Mixed-Use Regeneration: Acting for the authority as developer and landowner, we drafted and negotiated the Section 106 agreement for a hybrid planning application delivering up to 500 affordable and build-to-rent homes, open space and extensive environmental mitigation.