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Member Briefing: Government publishes consultation on S106 negotiations

Date: 20/02/15

Government publishes consultation on S106 negotiations

The Department for Communities and Local Government has today published a consultation on speeding up the negotiation of Section 106 obligations in England.

Following HBF’s discussions with Government and a paper on improvements to the end-to-end planning process submitted to the Chancellor last summer, the Autumn Statement 2014 included a commitment to address delays in the process and create a more effective planning system.

In this consultation the Department is seeking views on a new system of dispute resolution in instances where agreement cannot be reached or where discussions have dragged on for too long. Specifically, Government is asking for submissions to consider how mediation or dispute resolution should be triggered, whether or not it should be binding on both parties and for opinions on timescales and fees.

The Government is planning to amend guidance in the short-term. This will:

  • Confirm S106 negotiations should be concluded within statutory timescales
  • Set expectations of earlier engagement at pre-application stage
  • Encourage greater use of standardised clauses
  • Set expectations for greater transparency about what has been raised through S106 and what it has been spent on

This will be done with a view to the possible introduction of legislation in the next Parliament to significantly streamline the process of conducting negotiations on S106 obligations.

The consultation is available online here and the period in which to make submissions closes on 19th March. HBF will be making a submission to the consultation and if you have any thoughts or suggestions please contact our Planning Director, Andrew Whitaker on

David O’Leary

Deputy Director of External Affairs