A Beginners Guide to Section 106 Planning Obligations

Level: Introductory

Repeated from East Midlands

27 June 2019, 9.30am registration (9.45am start) – 1.00pm (followed by lunch) Sheffield City Council, Town Hall, Sheffield (NO VCE)

Presented by Geldards

Course overview

The course will offer an introduction to section 106 planning obligations, covering both the legal requirements and practical issues to be considered.

Suitable audience:

In-house lawyers with no or limited experience of s.106 planning obligations, planning, highways and housing officers

Overview and topics to be covered include:

• the statutory requirements for a valid planning obligation
• government policy and guidance;
• key considerations when drafting substantive obligations;
• practical tips;
• compliance with Regulations 122/123 of the Community Infrastructure Levy Regulations 2010.

Duration: Half a day (3 training hours) including lunch

Interactive elements

Group practical session working through an example agreement.


This course will cover:

Technical legal practice

B4 Draft documents

B6 Negotiation

C Working with other people

Presenter profiles:

Charles Felgate is an experienced planning and environmental lawyer, who provides advice to both public and private sector clients. Charles regularly participates in planning and enforcement appeals, call-ins and related matters. He has recently acted on a minerals planning application recovered appeal and associated commons application, and prior to that was engaged on a year long public inquiry into the statutory orders for the proposed M4 motorway corridor around Newport, South Wales. He also has significant non-contentious experience, delivering section 106 agreements and other infrastructure agreements. He previously completed a s.106 agreement to deliver a residential development of 2,300 plus homes on the site of the former Drakelow Park Power Station, near Burton upon Trent, on behalf of South Derbyshire District Council. Charles also has significant judicial review and statutory challenge experience with numerous notable successes in the Administrative and Planning Courts to his credit.

Tomos Phillips has significant knowledge and experience in planning, environmental, compulsory purchase and highways law. He is experienced in negotiating major section 106 obligations for local planning authorities, landowners and developers. He recently acted for the local planning authorities on the drafting and negotiation of complex s.106 agreements relating to a development of 1,050 houses on the site of the former Gedling Colliery and a development of up to 1,100 houses and other ancillary development in South Derbyshire. He has also advised the Welsh Ministers on section 106 obligations submitted during planning appeals, and has experience of negotiating s.106 agreements for other types of development such as wind farms. Tomos is also experienced in all other aspects of planning law, and has also advised clients on the interplay between equality and human rights legislation and listed building legislation. He also provides strategic advice on matters ranging from emerging local plans and the ‘duty to co-operate’, to the interpretation of CIL legislation and the adoption of charging schedules.

Natalie Harries is a solicitor specialising in Planning Law. Prior to qualification in 2018, Natalie was a trainee solicitor at Geldards and spent a year training with the Public Law Team. During her training contract Natalie assisted the team on a number of matters, including a multi-million pound business acquisition of a site with a complex planning history, and a public inquiry into the proposed M4 motorway corridor around Newport, South Wales. On a day to day basis Natalie advises both Local Planning Authorities on a number of planning matters, including drafting and negotiating Section 106 Agreements and Unilateral Undertakings, and advising on other development control issues such as enforcement cases and applications for certificates of lawfulness.

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If you would like to send a list of registrants, please email Julie.Scheller@freeths.co.uk.