Advice to David Green
Back to listEnquiry
- From
- David Green
- Date advice given
- 12 October 2018
- Enquiry type
The National Planning Guidance states that section 106 agreements should be used to mitigate the effects of otherwise unacceptable developments. I know that RSP have argued against a 106 agreement for Manston but this is not unusual from developers. 106 agreements are often imposed upon them What I don’t understand is at what point PINS would consider such an approach in this case, and what input interested parties would have into any potential 106 agreement.
Advice given
Under the Planning Act 2008, agreements/ undertakings pursuant to s106 of the Town and Country Planning Act 1990 are known as Development Consent Obligations.
In this case, a Development Consent Obligation does not form part of the application documentation. If a Development Consent Obligation were subsequently submitted to the examination, it would have the same status as all other Examination Documents insofar as Interested Parties would be able to make representations about its content to the Examining Authority.