SECTION 106 LEGAL AGREEMENTS and C.I.L

These were developed to enable the local Planning/Highways Authorities, under the guise of the local community, to receive financial contributions as the result of a development.. eg payments towards such projects as highway improvements, community facilities or leisure improvements in the area. It is vital to ensure that the benefits the community are to receive from developers are directly related to the development proposed.

Even a change of use of a retail unit, say to a licensed betting office, means some local Planning Authorities may ask for a contribution towards off street parking to be made; it is the change which triggers the payment. This is where specialist advice is available from Procuro Planning Services.

Many Local Authorities, particularly in current times, will negotiate the level of contribution and its timing. If a payment must be made, it is desirable to avoid as much legal documentation as possible, perhaps by way of payment of a lump sum as a one off full and final settlement. This will negate endless wrangling, production of title deeds and dilute sources of delay when it comes to leasing or selling the development.

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