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Advice to Ciaran Power

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Enquiry

From
Ciaran Power
Date advice given
25 May 2011
Enquiry type
Email

Whether section 106 agreements have a place in the IPC regime and, if so, who initiates and negotiates them and when.

Advice given

Paragraphs 25-26 of IPC Guidance Note 2 pick up on this issue http://infrastructure.independent.gov.uk/legislation-and-advice/our-guidance-and-advice/

In summary, s.174 of the Planning Act 2008 effectively amends s106 of the TCPA 1990. Development consent obligations can be entered into in connection with an order granting development consent for an NSIP. Such s.174 obligations do not however form part of the draft order. IPC advise that promoters should at least agree the heads of terms of any proposed s.174 obligations with the relevant local authority before an application is submitted. Ideally, a fully drafted agreement should be included with the DCO application. The earlier any obligations can be produced and agreed the more robust the LIR is likely to be.