Planning & Infrastructure Agreements

Expert Solicitors for Section 106 & Infrastructure Agreements

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Planning & Infrastructure Agreements at Woodstock Legal Services


Most developments require legal agreements with local authorities and utility providers before work can begin or homes can be sold. These agreements can affect your timescales, your obligations and the overall viability of a scheme, so they need careful negotiation. Woodstock Legal Services advises developers and landowners across England and Wales.


Our lawyers advise on Section 106 planning obligations, varying and discharging Section 106 agreements, Section 278 highways agreements, Section 38 road adoption agreements, Section 104 sewer adoption agreements, the Community Infrastructure Level, and bonds and security for infrastructure works.


You’ll work directly with an experienced lawyer who works closely with your planning consultants and engineers to keep agreements on track and your development moving.


Section 106 Agreements



Section 106 agreements, also known as planning obligations, are legal agreements between developers, landowners and local planning authorities. They’re used to make a development acceptable in planning terms, often through affordable housing, financial contributions or on-site infrastructure.


Our lawyers negotiate Section 106 agreements to make sure the obligations are clear, workable and properly linked to your development programme. We pay close attention to trigger points, payment terms and how obligations bind future owners and plot purchasers. Where circumstances change, we advise on varying or discharging existing obligations.


We’ll help you agree terms that protect the viability of your scheme and avoid unnecessary delays to planning permission.


Highways, Drainage & Adoption Agreements


Many developments need new or improved roads and drainage before they can be built out or sold. Agreements with highway authorities and water companies set out how this infrastructure will be designed, built, inspected and eventually adopted.


Our lawyers advise on Section 278 agreements for works to existing highways, Section 38 agreements for adopting new estate roads, and Section 104 agreements for adopting new sewers. We negotiate the terms, bonds and timescales, and coordinate the agreements with your planning obligations and construction programme. We work closely with our construction contracts team where these works form part of a wider build.


We’ll make sure your infrastructure agreements are in place when you need them, so your development can progress smoothly.

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Planning & Infrastructure Agreements FAQs

  • What is a Section 106 agreement?

    A Section 106 agreement is a legal agreement made under the Town and Country Planning Act 1990 between a local planning authority and those with an interest in the land. It sets out obligations, such as affordable housing or financial contributions, that make a development acceptable in planning terms. The obligations bind the land and future owners.

  • Can a Section 106 agreement be changed?

    Yes. A Section 106 agreement can be varied by agreement with the local planning authority. In some cases, after a set period, an application can also be made to modify or discharge obligations that no longer serve a useful purpose. We’ll advise on the best approach.

  • What is the difference between Section 278 and Section 38 agreements?

    A Section 278 agreement allows a developer to carry out works to an existing public highway, such as a new junction or road improvements. A Section 38 agreement is used when a developer builds a new road that the highway authority agrees to adopt as a public highway once it’s completed to the required standard.

  • What is a Section 104 agreement?

    A Section 104 agreement is made with a water company for the adoption of new sewers built as part of a development. Once the sewers are built to the required standard and pass inspection, the water company takes over responsibility for maintaining them. A bond is usually required as security.

  • What is the Community Infrastructure Levy?

    The Community Infrastructure Levy (CIL) is a charge that some local authorities place on new development to help fund local infrastructure. Whether CIL applies, and how much is payable, depends on the local authority’s charging schedule and the type of development. There are strict procedural requirements, so it’s important to take advice early.

Why Choose Woodstock Legal Services?

Low Caseloads: Your Matter Gets Time

As consultants, our construction solicitors manage their own caseloads and only work for a handful of clients at any one time. Whether you’re negotiating a building contract or resolving a dispute, your matter gets the time, care and attention it deserves.

Proactive Updates: No Chasing

Our consultancy model means you deal directly with your lawyer, not a call centre or a rotating team. They keep you informed at every stage and are on hand to answer your questions, so you’ll never need to chase.

Legal & Technical Expertise

Our team includes a solicitor who is also a chartered surveyor, as well as a dedicated construction and engineering specialist. That means advice grounded in how projects really work, delivered quickly and efficiently to keep your development on track.