What is a section 111 agreement?

Section 111 agreements are agreements entered into with a Local authority under section 111 of the Local Government Act 1972 (LGA 1972).

LGA 1972, s 111, entitled ‘Subsidiary powers of local authorities’, is a catch all provision which gives local authorities power to do anything ‘which is calculated to facilitate, or is conducive or incidental to the discharge of any of their functions’. LGA 1972, s 111 is drafted very widely, and applies to all local authority functions, including their planning functions. There are no restrictions placed on a local authority’s reliance on LGA 1972, s 111 other than:

1. •

   not to use it to raise or lend money, and

2. •

   that the use of LGA 1972, s 111 must be conducive or incidental to the discharge of some other particular function

As other provisions allowing local planning authorities