What conditions can be subject to an S106 Agreement - Public forum - Planning Advisory Service (PAS)

My preference would be for a S106 Agreement to be used for such requirements, particularly where they need to be observed over a long period of time. Assuming your authority has a S106 monitoring officer any breach is more likely to be detected. It should also be more enforceable as it is a (hopefully) clearly defined Legal restirction that you can pass to your solicitors to pursue!

The SOS would disagree as the enforcement of a S106 agreeement is decidely more unwieldy, expensive and timely process than enforcing against a condition. As long as the condition is precise enough in its wording (don't be afraid to get a counsel opinion) then it would be negate the need for a legal agreement

The SOS may have this opinion, however a condition can be appealed against, and an inspector may well take a differant view from the Council, particularly as market conditions change. As we work with partners who will not, and cannot invest based on promises, we will continue to use S106 for Affordable Housing. I agree with Kieran on grampion conditions, and tight drafting on other issues. BTW, i would prefer unilateral or even just a cheque for contributions, provided they are strictly within policy. i.e. if County want £2k for a crossing point.... give us a cheque for the £2k rather than spend a similar amount in officer time negotiating what colour the ink should be that signs the blessed thing... Phill

The great difficulty is that breach of a S106 is not a breach of planning control ((S172(3)(b)), and therefore is not subject to the usual enforcment proceedings. Instead, you need to obtain an injunction against the offending party, and even an emergency hearing will take 3 weeks, whereas the full hearing is likely to take in excess of 12 months.