What is a Section 106 Planning Obligation?

Section 106 of the Town and Country Planning Act 1990 allows councils to attach legal obligations to developments—often relating to affordability, resale restrictions, subletting, or access. These obligations are commonly embedded in legal agreements and lease documents, and may continue to affect properties decades after construction.

Can these obligations be changed or removed?

In certain circumstances, yes. Planning obligations can be modified or discharged by formal application. Success depends on the wording of the clause, the policy context, and council discretion. There is no automatic right to removal, and outcomes vary depending on local precedent, site history, and the nature of the request.

Will the council approve my request?

There is no guarantee. Councils assess each submission independently, and retain full discretion to approve, reject, or delay based on planning policy, internal guidance, and the original agreement’s enforceability. The advisory service focuses on building evidentially sound submissions—not securing outcomes.

How long does the discharge process take?

Timelines vary widely. Some councils respond within weeks; others may take several months or more. Response time depends on case complexity, internal capacity, and any required consultations. No submission is subject to a statutory time limit unless governed by formal appeal timelines.

What kind of documents do I need to provide?

Typically:

• Lease agreement or clause excerpts
• Any existing correspondence with the council or agent
• Planning agreement or S106 deed (if available)
• Valuation reports or market impact evidence (optional)

This material informs the legal and procedural context. Intake forms will request all necessary documents upfront.

Is this legal advice?

No. HG Carreguar provides planning consultancy only. Advice is limited to planning obligations, policy context, and procedural strategy. It does not extend to broader leasehold law, tribunal representation, or contract disputes.

What does it cost?

Fees are fixed per engagement type and disclosed prior to commencement. Common services include clause review, discharge application drafting, and advisory reports. Prices vary based on document complexity, coordination requirements, and group size (where applicable).

What happens if the council refuses?

If a submission is rejected, clients may have the option to:

• Submit revised documentation
• Appeal (in specific cases)
• Pursue informal resolution or policy clarification

Advisory includes explanation of next steps, but does not guarantee escalation options.

Can multiple leaseholders act together?

Yes. Where units are affected by similar clauses, group coordination is often encouraged. Group applications may carry procedural efficiency or policy traction, depending on the authority’s internal process. Advisory can support multi-unit submissions and provide coordination guidance.