Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

authorities definition

What does authorities mean? Authorities are the legal sources a lawyer relies on to justify a proposition of law in submissions, skeleton arguments and judgments. The term is descriptive and widely used across England & Wales, Scotland, Northern Ireland and Ireland, rather than being defined by statute. Authorities typically include: primary legislation and subordinate legislation; binding appellate case law within the relevant jurisdiction; and, as persuasive material, decisions from other UK or foreign courts, tribunal rulings, EU and ECHR jurisprudence where applicable, and reputable academic commentary. In Scotland, the writings of the institutional writers (e.g. Stair, Erskine, Bell) may carry particular weight. Textbooks and...

Section 106 planning obligations in England: drafting, negotiation, viability, contributions, fees and enforcement - practical guide and checklist for developers' solicitors

Published by a LexisNexis Planning expert

Practice notes

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Agreements entered into under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) (previously section 52 agreements), often called ‘planning obligations’ or ‘s 106 agreements’, are pacts between developers/landowners and local planning authorities (LPAs) requiring developers to contribute to a range of Infrastructure and services, such as community facilities, public open space, transport improvements and/or Affordable Housing, to mitigate the impacts of their development. They run with land and are enforceable against successors in title. See Practice Note: Planning obligations—key points and Checklist for drafting a section 106 agreement.

Standard form planning obligations/section 106 agreement

LPAs usually provide the first draft of the s 106 agreement, based on their standard agreements or model clauses. The developer then amends it and negotiations are undertaken to come to an agreed form. Although each s 106 agreement will be unique and respond to the particular development which it regulates, there are a number of provisions which one would expect to see in all s 106 agreements, see Precedent: S 106 agreement. It is a good idea to raise any difficult issues or controversial clauses in the course of pre-application discussion or negotiation with the LPA.

Validity/enforceability of obligation

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Web page updated on 21/05/2026

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