OUr Expertise

Section 106 Agreements and Planning Obligations

Section 106 Agreements and Planning Obligations

Section 106 agreements under the Town and Country Planning Act 1990 can impose significant financial and operational obligations on both private and commercial developers.

These may include:

    • Affordable housing contributions
    • Infrastructure payments and conservation contributions
    • Occupancy restrictions
    • Phased delivery requirements

Common challenges include:

    • The commercial viability of your project arising even after grant of permission
    • Disputes over trigger points for payments
    • Applications to modify or discharge obligations under section 106A

Mercantile Barristers provides clear advice on negotiating, interpreting and challenging planning obligations. Our goal is to ensure that your project comes to life, whilst still being viable.

We regularly advise developers and liaise with local authorities to ensure that the project reaches its potential and is a net positive for the local area.

If you require advice on a Section 106 agreement, or any planning obligations that have been proposed please complete the enquiry form and a member of our planning team will be in touch.

How Our Process Works

Instructing our direct access barristers is the cost effective alternative to the traditional route of engaging a solicitor first. The process is just as straightforward. Here’s how the process works:

1

You Have a Legal Problem?

You can call, email, or fill out an enquiry form to tell us about your case. One of our specialist clerks will speak with you to make the arrangements to advance your case.
2

We Have the Barrister for You.

Our specialist clerk will match you with the barrister with the expertise to deal with all aspects of your case. They will also obtain and organise the papers the barrister will have to consider in your case.
3

Initial Consultation

Our clerk will agree the fee for your consultation with the barrister beforehand. The clerk will then arrange a convenient time for you to have the consultation by video call, telephone or in person.

In the consultation the barrister will assess your legal position, devise a legal strategy, and give you appropriate advice on the necessary next steps to achieve your objective.

Instruct a Barrister

Make an Enquiry

Call us – Mon-Fri 8:30am – 6:30pm

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+44 (0) 20 3034 0077

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