Legal agreements
Usually, any development of over 10 dwellings or 1,000 square metres of industrial space will be subject to a Section 106 (s106) agreement. Smaller developments may have obligations which could be an agreement, or more usually through a planning condition, imposed at the time of approval by the planning authority.
The simplest type of agreement is known as a Unilateral Undertaking that is prepared solely by the developer or owner. These do not require the local planning authority to perform any preparation duties or to become a signatory. Any obligations included within a Unilateral Undertaking will need to be confirmed by the planning authority.
More usually full tripartite agreements are necessary. This is because we, along with the local planning authority, will need to enter into obligations with the developer or owner to mitigate any local consequences of the development.
During the negotiation period it is usual for the solicitors from all three sides to draft a legal agreement prior to planning permission being sought. This will happen particularly if the development area is supported by the local plan. The risk of delay for the developer/owner in moving their development forward should be minimal.