Q&As

Does a section 106 of the Town and Country Planning Act 1990 plan have to be the same as an application site plan, or can it be restricted to those areas where the obligations will take place?

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Produced in partnership with Jim Ryan of Acuity Law
Published on: 22 November 2021
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We have assumed that the section 106 plan would be a lesser area than the application plan.

The local planning authority (LPA) will prefer (and will likely insist) on the section 106 obligation being imposed on the entire area of land for which planning permission is sought. The simple reason for this is that if it has to take action to enforce the planning obligation(s)

Jim Ryan
Jim Ryan

Partner, Acuity Law

Jim is an experienced specialist town and country planning lawyer, whose practice also includes compulsory purchase, highway law, rights of way and the law of commons and town and village greens.
 
His early career was spent as an engineering technician in Local Government and then as an infrastructure designer in the housebuilding industry, before reading for a law degree at UWE Bristol and then training with Burges Salmon in Bristol.
 
On qualification in 2001, he joined Burges Salmon’s Planning Team and later spent four and a half years as sole legal counsel to M J Gleeson Group plc, before returning to private practice.
 
Jim is also a Board Trustee with Emmaus, Bristol, a charity helping people out of homelessness.

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