Planning Obligations & Section 106 Agreements - Validity, Drafting, Variation & Enforcement

Introduction

With the increasing scrutiny over planning obligations and section 106 agreements, fuelled by the Government’s March 2026 Roadmap for Section 106 Delivery, the wider planning reform agenda and a steady stream of High Court and Court of Appeal authority on validity, drafting and enforcement - practitioners are facing more complexity than ever before.

This virtual classroom seminar is aimed at professionals with a basic working knowledge of planning obligations and section 106 agreements who need a practical, up-to-date refresher. It is designed for solicitors and in-house lawyers acting for local planning authorities, developers and Registered Providers, planning consultants and senior planning officers.

The session focuses on the principal issues that arise in practice, and how to overcome them. Content is focused on the law and practice of England.

What You Will Learn

This live and interactive course will cover the following:

• The Tests for Validity
• What the statutory tests in section 106 TCPA 1990 and regulation 122 CIL Regulations 2010 really entail in light of recent case law
• Balancing necessity, directness and reasonableness - and dealing with applicants who wish to offer more than is strictly required in order to secure permission
• Parties to the Agreement
• Debunking the myths that have become entrenched in drafting practice - who in fact needs to be a party and why
• The position of mortgagees, chargees and successors in title and the practical use of unilateral undertakings
• Heads of Terms & Drafting Pitfalls
• Avoiding the simple mistakes and overcoming the perceived barriers to ensuring a valid, enforceable planning obligation
• Retaining flexibility whilst ensuring certainty - common clauses, drafting errors and the use of cascade provisions and the Homes England s106 Clearing Service
• Viability Review Mechanisms
• How review mechanisms work in practice - early-stage, late-stage and phased reviews and the different methodologies adopted
• Contrasting the approaches taken at application stage and on appeal, including the treatment of viability under the PPG and recent inspectors’ decisions
• Costs, Monitoring & Completion
• What can and cannot be charged - monitoring fees, legal costs and the Oxfordshire / Aarhus position
• Practical issues on completion, including SDLT, Land Registry registration and dealing with phased and conditional triggers
• Amending & Discharging Section 106 Agreements
• How and why a planning obligation can be amended - sections 106A and 106B TCPA 1990, deeds of variation and the (now-dormant) section 106BA appeal route
• The March 2026 Roadmap for Section 106 Delivery: renegotiating uncontracted affordable units, the Clearing Service 1 June 2026 deadline and the 1 December 2027 long-stop
• Enforcement
• The attitude of the courts to enforcement of planning obligations, drawing on Norfolk Homes v North Norfolk DC and other recent authority
• The remedies available - injunctions, specific performance, declaratory relief, recovery of contributions and use of the LPA’s wider enforcement powers and which is appropriate in any given circumstances

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.