Advice to New Forest District council
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- From
- New Forest District council
- Date advice given
- 15 August 2014
- Enquiry type
In accordance with the requirements of the relevant legislation NFDC have worked hard with NBDL and others, notably the other landside LPA?s, to maximise common ground and deliver a mechanism that will ensure adequate resources are in place to manage the landside works if the project proceeds. These will require Section 106 Agreement(s) and/or Unilateral Undertakings and a PPA.
The Council?s likely position in terms of its SoCG and the LIR is dependant in a large part on the above being in place. What mechanism will there be during the decision-making process to ensure this is the case, and at what session or sessions would the Panel suggest such matters are considered?
Advice given
There is no mechanism within the PA2008, and the examination, which ensures that the agreements such as s106, unilateral undertakings and PPAs are in place. However it is useful for your written representations and your SoCG could detail the stages and agreements that you and the developer have in place or intending to have in place. The Examining Authority may wish to know what progress has been made with any s106 and unilateral undertakings. Copies of any draft documents could be included with your representations or SoCG. It would also assist the Examining Authority if completed undertakings/agreements were to be submitted before the end of the examination. Regarding which sessions that will deal with these matters, I assume that you mean which hearings and it will be for the ExA to decide if the matters require any further clarification and discussion and will issue agendas for hearings accordingly.