Our property lawyers can assist you with planning agreements under section 38 of the Highways Act 1980 and section 106 of the Town and Country Planning Act 1990 (TCPA 1990).
Planning agreements are used to facilitate development while ensuring compliance with planning and infrastructure requirements. Section 106 agreements under the TCPA 1990 are commonly used to secure contributions from developers for infrastructure and services, such as affordable housing and transport improvements. Section 38 agreements under the Highways Act 1980 are used to regulate the construction and adoption of new highways. Both agreements are binding and enforceable against successors in title, subject to specific legal requirements.
Section 106 of the TCPA 1990 allows local planning authorities to enter into legally binding planning obligations with landowners or developers in connection with the grant of planning permission. These obligations must be necessary to make the development acceptable in planning terms, directly related to the development, and fairly and reasonably related in scale and kind to the development.
Section 38 of the Highways Act 1980 provides for agreements between developers and local highway authorities for the construction of new highways on privately owned land and their subsequent adoption by the authority.
These agreements are often a condition of planning permission and are essential for ensuring the proper development and maintenance of highways and related infrastructure.
Planning obligations under section 106 are enforceable against successors in title to the original party, and the original covenanting parties may remain liable for breaches unless the agreement explicitly provides otherwise. Section 106 agreements must be carefully drafted to ensure compliance with statutory requirements and to avoid legal challenges, such as those related to double-charging under the Community Infrastructure Levy Regulations.
Section 38 agreements must comply with technical requirements set by the highway authority and may include provisions for the long-term maintenance of highways.
Both types of agreement are subject to strict legal requirements and must be executed with precision to ensure enforceability. For example, section 106 agreements must be executed as deeds and include specific information about the land, parties, and obligations. Similarly, section 38 agreements must comply with the technical requirements set by the highway authority and may include provisions for the dedication and maintenance of highways.
Please contact our team if you have any questions about this area of law.
