If Wirral Council is requiring a section 106 agreement, unilateral undertaking or developer contribution to be provided before planning permission can be granted, our planning solicitors can help you move matters forward quickly and commercially.
Aaron & Partners advises landowners, developers, housebuilders and planning consultants on section 106 agreements for developments across the Wirral, including applications where open space and outdoor sports contributions are being sought for smaller residential schemes.
Whether you are building a single dwelling, bringing forward a small infill site or advising on a wider residential development, we provide clear, practical legal advice on what the s106 agreement needs to cover, how the obligations should be structured, and how to get the agreement completed without unnecessary delay.
Speak to a Section 106 solicitor
Section 106 agreements for Wirral developments
Wirral Council published its updated planning policy in March 2025. The new policy requires applications for new residential development, including a single new dwelling, to make contributions towards open space and outdoor sports provision. In most cases, this is likely to mean a financial contribution towards off-site improvements to local facilities, secured through a section 106 agreement.
A section 106 agreement, also known as an s106, is a legal agreement between a local planning authority and a landowner, and often a developer, used to secure planning obligations that make a development acceptable in planning terms.
Where a section 106 agreement is required in connection with a planning application submitted to Wirral Council, it is important that the wording is proportionate, precise and compliable. Our solicitors work closely with planning consultants and project teams to ensure that the agreement is worded appropriately, and that it is progressed as swiftly as possible.
Why has Wirral Council asked for an s106 agreement?
Wirral’s planning policy places particular emphasis on open space and outdoor sports provision for new residential development. In practice, this can mean that even a net increase of one dwelling may trigger a request for financial contributions where on-site provision is not feasible.
The legal agreement is often the final step before permission can be issued, but it can become a source of delay if title information, mortgagee consent, drafting points or contribution triggers are not dealt with promptly.
How our planning solicitors can help
Our planning solicitors can advise on, negotiate and complete section 106 agreements for Wirral planning applications, including:
- Reviewing the Council’s draft section 106 agreement or unilateral undertaking;
- Advising whether the obligations are sufficiently clear, enforceable and linked to the relevant permission;
- Negotiating payment triggers, indexation, mortgagee exclusions and release provisions;
- Liaising with Wirral Council’s legal officers;
- Coordinating with planning consultants, architects, land agents, funders and landowners;
- Dealing with title checks, ownership certificates and lender consent;
- Advising on contributions including for open space and outdoor sports;
- Preparing unilateral undertakings for appeals or time-sensitive applications;
- Advising on variations, discharges and deeds of modification where obligations need to change; and
- Coordinating section 106 advice with highways, drainage, biodiversity net gain and planning enforcement advice where required.
Support for planning consultants and professional advisers
We regularly work with planning consultants who need an experienced section 106 solicitor to support their clients at the point where the planning and legal processes meet.
We work efficiently and make the legal side as straightforward as possible, identifying what information is needed, resolving drafting points, explaining the commercial effect of any decision or obligation and keeping the agreement moving. For consultants, that means fewer avoidable delays between committee resolution or delegated approval and the release of the decision notice.
Support for single-dwelling and small residential schemes
A section 106 agreement for a single house can feel disproportionate, particularly where the project is a small infill plot, or replacement dwelling. However, permission may not be issued until the obligations required by the Council are secured through a suitable legal mechanism.
We can help you understand the process, review the draft agreement and address the practical points that often cause delay, including ownership, lender approval, payment dates and whether the agreement should bind successors in title. Our advice is designed to be clear, commercially focused and proportionate to the scale of the development.
What should a section 106 agreement cover?
The content will depend on the planning application, but a s106 agreement may need to address:
- The planning permission and development description;
- The land bound by the agreement;
- The parties with an interest in the land, including lenders where relevant;
- The financial contribution amount and how it has been calculated;
- When the contribution becomes payable, for example before commencement or occupation;
- Indexation and interest provisions;
- How the contribution can be used by the Council;
- Repayment provisions if money is not spent within the agreed period;
- Mortgagee protection clauses;
- Release provisions once obligations have been satisfied; and
- The Council’s legal and monitoring fees.
Can Wirral s106 contributions be negotiated?
Potentially, yes. The scope for negotiation will depend on the policy basis for the request, the evidence supporting the contribution, the scale and impact of the development, and whether viability or site-specific circumstances are relevant.
If the agreement has not yet been signed, concerns about viability, proportionality or drafting should be raised as early as possible. Where a section 106 agreement has already been completed and the permission issued, a variation or deed of modification will be needed if the obligations are to be changed.
Unilateral undertakings for Wirral planning appeals
Unilateral undertakings are often used where an applicant needs to offer planning obligations in connection with a planning appeal. If you are appealing a refusal or non-determination and Wirral Council has identified open space, outdoor sports or other financial contributions, we can prepare a unilateral undertaking designed to satisfy the requirements.
Because appeal timetables can be tight, early instruction is important. We can work with your planning agent to ensure the undertaking reflects the appeal proposal and is ready for submission within the required deadline.
Why choose Aaron & Partners?
Our planning team is led by Mark Turner, recognised as one of the strongest practitioners in the field for advising on complex, planning and development projects.
Working closely with developers, landowners, investors and professional advisers, the team provides strategic advice on section 106 agreements and planning obligations, helping clients satisfy local authority requirements while protecting the commercial delivery of their projects.
The team, which also includes planning specialists David Harries and Bryony Chambers-Towers, acts for a wide range of clients with experience spanning residential schemes, infrastructure projects, and renewable energy developments.
Our advice is partner-led, practical and focused on the outcome you need: securing the right planning obligations, avoiding unnecessary delay and keeping your project moving.
Our expertise in action
- Advising a national supermarket chain in respect of various section 106 agreements relating to planning permissions for a number of new stores;
- Advising housebuilders and developers in respect of section 106 agreements relating to a variety of obligations including affordable housing (both on and off site), financial contributions towards education, highways, health, public art etc;
- Preparing and advised on section 106 unilateral undertakings for clients who have appealed planning refusals;
- Advising clients in respect of variations to and discharges of section 106 agreements;
- Acting for farmers in respect of section 106 agreements relating to the occupation of agricultural workers dwellings;
Speak to a section 106 solicitor for Wirral developments
If you are undertaking a project on the Wirral and require a solicitor for a section 106 agreement, our planning solicitors can help you understand what is required, negotiate the wording and complete the legal agreement efficiently.
Contact our team to speak to one of our planning solicitors about your development, planning application or appeal.
Wirall s106 FAQs
Do I need a section 106 agreement for a single house on the Wirral?
You may do. Wirral’s current policy position can require new residential development, including a net increase of one dwelling, to contribute towards open space and outdoor sports provision where on-site provision is not feasible. A section 106 agreement or unilateral undertaking may be needed to secure those contributions before permission can be issued.
What is the difference between a section 106 agreement and a unilateral undertaking?
A section 106 agreement is usually entered into by the local planning authority and the landowner or developer, and the mortgagee, if there is one. A unilateral undertaking is given by the landowner or developer without the Council being a party, and is often used in planning appeals or where the obligations are relatively straightforward.
Can a section 106 agreement delay planning permission?
Yes. If the terms, title checks, lender consent or contribution provisions are not resolved, the decision notice may be delayed – most authorities won’t issue the permission until the s106 agreement has been finalised and signed by all parties. Instructing a section 106 solicitor early can help keep the legal work aligned with the planning timetable.
Can section 106 contributions be challenged or reduced?
They may be capable of negotiation before the agreement is completed, particularly where there are issues about proportionality, viability or drafting. Once an agreement is completed, a formal variation or discharge would be needed.
Where a s106 obligation is tied to a decision you believe is unlawful, you may need advice on challenging planning permission.
Who pays Wirral Council’s legal fees for a section 106 agreement?
The applicant or developer will usually be expected to pay the Council’s legal and monitoring fees, in addition to their own solicitor’s fees.
