S106 - Public forum - Planning Advisory Service (PAS)
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En cours - juillet 2012
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Dernière modification - May
S106
Dear All, One of my clients is a Local Planning Authority (LPA) which is at the same time the Determining Authority of our outline planning application. I am wondering how planning contributions can be secured in this instance. a) Can the LPA sign a S106 agreement with itself? b) Who would enforce a Unilateral Undertaking given that the applicant and the authority are the same? c) Is there a condition that can be safely imposed to e.g. pass the contribution on to the developer (our client is unlikely to build the scheme but will rather sell it on to a developer). I would be grateful for any advice. Kind regards, Stefanie
I had always understood that councils are one legal entity and cannot have an agreement with themselves, so an s106 is not possible. Similarly, a council can't take enforcement action against itself - you can't sue your self, and I can't see that a conditon would be valid. On the assumption that the development site is in the councils ownership, I would think that something like an internal memorandum of understanding signed by the relevant chief officer would suffice.