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Section106 agreement do I need a solicitor?

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Busby15 | 06:47 Thu 05th Jul 2012 | Civil
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For planning permission to be granted I need to have a 106 agreement for open space and recreation. Can I get this online or do I need to pay a solicitor to draw it up?
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I've had an email from a planning officer saying they want my Solicitor's phone number and the council will charge £400 - £600 for drawing up the agreement.
Is there noway round this?
I've no idea what sort of thing you're involved with. It may be quite straightforward & you may be quite competent to deal with it yourself. However, you & the Council planning officer are not on the same side here. You might well find the advice of a solicitor (preferably one experienced in planning matters) invaluable, particularly if you are not knowledgeable about planning law & the way legal documents are drafted.

If you wish, you can try telling the Council you are acting for yourself & ask them to send the draft to you. Then involve a solicitor when you get it if you are not 100% happy you fully understand and accept all the implications of the document.
The Council will have a template agreement they could sent you but there are various elements to a s106 agreement that will need your input and/or that you will want to check your agreement with. As the agreement is binding on you and your successors in title and runs with the land I would strongly suggest that you do take legal advice because if you don't realise what you're signing up for you could land yourself in hot water in the future.

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