S106 Negotiation and Agreements
Ensure your planning permission is deliverable
We will act on your behalf from the early stages of plan making, through the planning process to negotiating your financial viability which will inform the inputs of your S106 Agreement and ensure that your scheme remains profitable and deliverable.
RICS Regulated
Independent Chartered Surveyors
100% Confidential Site Review
Our Section 106 Services
S106 Agreement Drafting
Maximising scheme viability involves more than just the baseline figures. Total liabilities frequently stem from complex legal drafting, rigid payment triggers of commuted sums and late-stage review mechanisms. We engage early to structure flexible, actionable terms that protect your development margins throughout the delivery programme.
Re-negotiate or Remove Existing S106 Obligations
If an existing planning permission is burdened by legacy S106 terms rendered unviable by shifting market conditions or inflation, options remain. We specialise in strategically assisting applications to robustly present a case for a reduction or variation to the current planning obligations.
Why Choose Us?
Agile & Efficient
Our tailored approach optimises turnaround times and offers highly competitive pricing structures.
Regional Expertise
Deep operational experience navigating complex S106 Agreements across London and the South East.
Proven Track Record
Extensive history of negotiating viable, commercially deliverable planning permissions.
Section 106 Negotiation Process
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The Applicant instructs a Viability expert to prepare a Financial Viability Assessment which will be submitted with a planning application to the Local Planning Authority.
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Once the Planning Application has been validated by the council the Local Authority will appoint an independent assessor to review the submitted Financial Viability Assessment. The assessor will produce a response to the Financial Viability Assessment to either agree or disagree with the assumptions adopted in the submitted assessment.
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The Applicants representative will review the response and either agree a position which ensures the proposed level of planning obligations don’t hinder the deliverability of the scheme. Or the Applicants representative will enter into a period of negotiation during the determination period with the Council’s appointed assessor to reach an agreement on the adopted assumptions to reach an agreed viability position. The Applicant should allow 4 weeks for this process.
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Once the assumptions are agreed a financial viability assessment addendum will be produced outlining the agreed position.
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The planning application will be presented at committee where members will either approve or refuse the planning permission. If the proposed scheme receives a resolution to grant subject to signing of a S106 agreement a solicitor will appointed to draft the Section 106 Agreement.
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Solicitors will draft various iterations of the S106 Agreement with the various professional inputs until it is in a final format that the Developer and Local Planning Authority are satisfied with. Only once the S106 Agreement is signed will the planning permission be issued.
Providing specialist Section 106 consultancy services across London, the Home Counties, and the South East.
Westminster City Council
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London Borough of Southwark
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London Borough of Brent
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London Borough of Richmond upon Thames
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Brighton and Hove City Council
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Three Rivers District Council
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Broxbourne Borough Council
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City of London Corporation
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London Borough of Tower Hamlets
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London Borough of Camden
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Royal Borough of Kingston upon Thames
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Westminster City Council ✳︎ London Borough of Southwark ✳︎ London Borough of Brent ✳︎ London Borough of Richmond upon Thames ✳︎ Brighton and Hove City Council ✳︎ Three Rivers District Council ✳︎ Broxbourne Borough Council ✳︎ City of London Corporation ✳︎ London Borough of Tower Hamlets ✳︎ London Borough of Camden ✳︎ Royal Borough of Kingston upon Thames ✳︎
Case Studies
2 Chesterfield Street, Mayfair, W1J 5JF
Council
Westminster City Council
Planning Reference
25/03385/FUL
Our Proposal
Creation of a separate lower ground floor level flat, removal of existing roof structure above third floor level, creation of new sheer extension to fourth floor level and recreation of roof structure.
The Result
Council sought a payment of £850,000 which we negotiated down to £154,000.
657 Ruby Street, Southwark, SE1 4RF
Council
London Borough of Southwark
Planning Reference
24/AP/0255
Our Proposal
Demolition of existing buildings on the site and the comprehensive mixed-use redevelopment of the site comprising two buildings of 10 storeys plus mezzanine and 19 storeys plus mezzanine, comprising 292 residential units, 2,320 sqm of flexible retail and commercial floorspace.
The Result
Planning Permission Granted. Agreed to reduce the number of discounted market sale homes from 50 to 0 to enable the delivery of 64 social rent homes, which we have subsequently placed with a Registered Provider.
What our clients are saying about us.