Can a Local Authority Enter into a S106 Agreement with Itself

A section 106 or s106 agreement is a type of planning obligation that is entered into by a local authority and a developer to mitigate the impact of a development proposal on the local community and infrastructure. It is a legal agreement that contains specific provisions that are legally binding on both parties.

But can a local authority enter into a s106 agreement with itself? The answer is yes, but it is not a common practice.

In some cases, a local authority may own land and have development proposals for that land. In such instances, the local authority may enter into a s106 agreement with itself to ensure that the development proposal meets the necessary planning requirements and has a positive impact on the local area.

However, it is important to note that a local authority entering into a s106 agreement with itself must ensure that there is a clear distinction between the roles of the local authority as a landowner and as a planning authority. The s106 agreement must also be drafted in a way that ensures impartiality and transparency, and it must be subject to appropriate scrutiny and approval procedures.

In addition, if the local authority is funding the development proposal as well as acting as the planning authority, it may be necessary to involve an independent third party to oversee the s106 agreement.

It is worth noting that entering into a s106 agreement with itself may still be subject to challenge from third parties who may argue that there is a conflict of interest or bias in the decision-making process. Therefore, it is important for the local authority to ensure that all procedures are transparent and that there is a clear separation between the roles of the local authority as a landowner and as a planning authority.

In conclusion, while a local authority can enter into a s106 agreement with itself, it is not a common practice and must be subject to appropriate scrutiny and approval procedures. The s106 agreement must also be drafted in a way that ensures impartiality and transparency, and it must be subject to independent oversight if necessary.

Arrange a Call Back

Click Here

Make an enquiry

Click Here

Contact us

Click Here

Customer Support

Learn More

Environment

Learn More

Our Partners

Learn More

Contact Window Widgets

Got a question? Ask an expert 01452 300 912

or email us at sales@windowwidgets.co.uk

Follow us on social media

Get in touch

Window Widgets
Unit C, Quedgeley West Business Park,
Bristol Road, Gloucester,
Gloucestershire, GL2 4PA

01452 300 912
sales@windowwidgets.co.uk

Window Widgets are proud to sponsor this year's trophies for the G21 Awards.
The awards take place Friday 26th November 2021, London Hilton on Park Lane.

Copyright © Window Widgets Ltd
Web design by the consultancy

To give you the best possible experience, this site uses cookies.
By continuing to use www.windowwidgets.co.uk you are agreeing to the use of cookies. Read our cookie policy