Open Spaces

Open Spaces – Section 106 Agreements

Fulfilling your obligations of a Section 106 Agreement (transferring the ownership and maintenance responsibility of an open space to the Local Authority or third party) is widely perceived to be a very difficult process as the drivers to deal with an open space adoption are not always apparent.

It is only when the process is left incomplete, that the inevitable long term maintenance costs and the ongoing client risk associated with the piece of land, eventually cause significant headaches both financially and operationally.

For more information on how Land Management Companies work, please Visit our Trust Management website.

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Typically, our internal team will undertake the following:

• Landscaping plan technical approval

• Agreement terms appraisal

• Land Transfer facilitation

• S106 commuted sum negotiation

• Land registry searches

• Tree Preservation Order Assessments

• Planning department liaison

• Local community liaison

• Local Authority Park Maintenance liaison

• Transfer to private management company

• Construction cost forecasting

• Joint inspections with Local Authority or third party

Typical Works undertaken by JLES on behalf of a developer client:

• Safety audits

• Ecology surveys

• Ground contamination testing

• Land drainage

• Sports changing room construction

• Design and Install play equipment

• Play Area safety surfacing

• Sports Pitch design and construction

• Fencing

• Planting and landscaping

• Signage

• Bin installation

• Tree felling

• Cycle paths

• Footpaths

• Turf and grass seeding

• Water course works

• Temporary maintenance

Transfer to Local Authority

JLES would engage in Open Space project works on the clients behalf to bring the site up to adoptable standards before co-ordinating legal departments for the quick transfer of the site to the Local Authority.

Transfer to a Third Party

JLES can arrange for the land ownership to be transferred to a third party, a land management company, which would take over the liabilities and maintenance of the site in perpetuity. This could either take the form of a single commuted sum or via a resident led scheme.

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