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Planning Advisory Service (PAS)
Ouvert | En cours - juillet 2012 | Dernière modification - May

S106

Former Member, modifié il y a 14 années.

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
Former Member, modifié il y a 14 années.

Re: S106

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.
Former Member, modifié il y a 14 années.

Re: S106

Interesting ... I know someone who is in the process of taking enforcement action against her own council! The action relates to an unauthorised advertisement on a vehicle parked on the highway. The notice is being served by planning on the council as roads authority.