Advice to Avon and Somerset Police
Back to listEnquiry
- From
- Avon and Somerset Police
- Date advice given
- 8 August 2011
- Enquiry type
- Phone
Mr Steve Crago, of Avon and Somerset Police, made an enquiry by telephone with regard to drafting s106 obligations under the Planning Act 2008 regime; relating to the Hinkley C generating station proposal by EDF energy.
Our response, which was sent by email, is set out below:
Advice given
Thank you for your phone query, received by my colleague on Friday 5th August, with regard to drafting s106 obligations under the Planning Act 2008 regime.
Section 174 of the Planning Act 2008 (PA 2008) amends Section 106 of the Town and Country Planning Act 1990 (TCPA 1990) to allow for development consent obligations to be entered into in connection with an application for an order granting development consent. Effectively, Section174 PA 2008 transcribes Section 106 TCPA 1990.
Whilst the obligation would not form part of the draft Development Consent Order, they are important as they will affect the overall impact of the proposed development.
It is advised that a promoter should agree the heads of terms of any development consent obligation with the local authority or relevant authority before an application is submitted and that ideally a fully drafted agreement (or unilateral undertaking) which has been consulted upon and referenced in the consultation report should be included with the application. In this respect I would advise considering the advice given in IPC Guidance Note 2 (para 25-26). In terms of the mechanics of how negotiations are conducted I would advise that it is for the relevant authority and developer to enter into discussions at the earliest opportunity prior to the submission of an application. The IPC encourages constructive dialogue on this matter, but cannot mediate or otherwise intervene in negotiations between applicants and local authorities or other authorities.
The tests in Circular 05/2005 which relate to s.106 agreements also apply to s.174 obligations, the tests are that the planning obligation must be (a) necessary to make the development acceptable in planning terms; (b) directly related to the proposed development; and (c) fairly and reasonably related in scale and kind to the development.
If s.174 obligations have not been agreed prior to the submission of an application the Examining Authority can set a deadline for completion after the end of the Preliminary Meeting.
For an example of s.106 and s.174 agreements which have been submitted, please see the Rookery South Energy from Waste Generating Station project page on our website and view under project documents ? Development Consent Order ? ?Covanta ? Final draft DCO & s.106 agreements?.