Get your section 106 agreement uploaded

The facts

DMH Stallard recently acted for Chidswell Action Group (‘CAG’) in their successful challenge to have the outline planning permission for a proposed development in Chidswell, Dewsbury quashed. The officer’s report had recommended a Section 106 agreement and this included 12 obligations, including biodiversity (BNG) measures and contribution.

CAG had made objections to the application throughout the planning application process and following the committee meeting in December 2022, regularly followed up with the planning officer requesting a copy of the draft Section 106 agreement.

A Section 106 agreement was entered into on 17 October 2024 and the council issued its decision notice on 23 October 2024. CAG subsequently made a judicial review application in the High Court.

A second supplemental Section 106 agreement was entered into on 27 February 2025.

Neither the original nor the second supplemental Section 106 agreements were uploaded to the council’s planning portal before they were completed.

Draft s106 agreement

Despite being promised that the original Section 106 agreement would be later uploaded, it was not until the decision notice was uploaded on 24 October 2024.

Whilst the challenge was ongoing, the decision in Greenfields (IOW) Limited v Isle of Wight Council [2025] EWCA Civ 488 was handed down by the Court of Appeal in which a planning permission was quashed due to the Section 106 agreement not being uploaded to the council’s website. Following this, CAG submitted an application to add this point to their judicial review claim.

It was confirmed that the requirement to upload the Section 106 Agreement “was mandatory and not done”. Importantly, Kerr J pointed out that publication would have allowed objectors to comment on the adequacy of the BNG measures and for the application to be taken back to committee for the proposals to be reconsidered which Kerr J believes would have likely happened.

Key point for developers and local authorities

The main takeaway here is that local authorities must ensure the Section 106 agreement (and any available related Section 278 Highways Agreement) are available on their websites for public review before granting a planning permission. Developers would also be wise to check themselves that the local authority has uploaded the Section 106 agreement in good time. Having the opportunity to scrutinise it may just result in a quashed permission.

For more information about any of the issues covered in this update, please get in touch with one of our Planning solicitors today.