Ask PLC Home

Practical Law may have moderated questions and answers before publication. No answer to a question is legal advice and no lawyer-client relationship is created between the person asking the question and the person answering it. Where appropriate, you should consult your own lawyer for legal advice. Practical Law's employees are not practising solicitors or barristers. The Ask scope and rules apply.

What happens to section 106 contributions if the associated planning permission is quashed?

In a section 106 agreement monies are paid to the LPA on completion of the deed. The planning permission is then subject to judicial review. During the legal proceedings are the monies usually returned to the developer or kept by the LPA and should the permission be quashed the monies are then returned to the developer with interest please? I've reviewed the Law Society's Model Agreement also and I can't see provision for the above scenario. I'd be interested for any views please.

Anonymous (Public sector)

Request a free trial

To access this resource and thousands more, register for a free, no-obligation trial of Practical Law. Register using the button below, telephone +44 (0)20 7202 1220 or e-mail

A free trial will give you:

Unlimited access to Practical Law online know-how
Thousands of market standard documents and clauses
Daily alerts and weekly update e-mails on key legal developments in your practice area


Log in

To access this resource, log in below or register for free access.

Contact us

Our customer services team are available every working day 8.30am to 7pm (GMT).

{ "siteName" : "PLC", "objType" : "PLC_Doc_C", "objID" : "1248455056759", "objName" : "What happens to section 106 contributions if the associated plan", "userID" : "2", "objUrl" : "", "pageType" : "Resource", "academicUserID" : "", "contentAccessed" : "false", "analyticsPermCookie" : "22e97be00:15b005f1318:-574", "analyticsSessionCookie" : "22e97be00:15b005f1318:-573", "statisticSensorPath" : "" }