Planning Advisory Service (PAS) Logo
Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - Yesterday

S106 Obligations - Statutory consultation timescale

thumbnail
John Theobald, modified 8 Years ago.

S106 Obligations - Statutory consultation timescale

Enthusiast Posts: 61 Join Date: 19/10/11 Recent Posts
We are looking to set up a formal consultation process for S106 Obligations such as management plan submissions in our Uniform system. Some S106s detail that, for instance a ‘Landscape Management Plan’ or ‘Public Open Space Management Plan’ needs to be submitted and approved prior to commencement of development.  These are usually sent direct to the Planning Officer in the first instance.  I believe these submissions usually require consultation with other internal departments before approval. My question is, does anyone know if there is an established target for responding to these consultations? Is it 28 days or 21 days, for example? Is there any statutory consultation timescale? Many thanks for what you can advise. Regards, John
Rebecca Randall, modified 8 Years ago.

RE: S106 Obligations - Statutory consultation timescale

Enthusiast Posts: 60 Join Date: 06/05/14 Recent Posts

Hi John,

 

I am not aware of any statutory timescales. However, we would normally have a clause in the S106 itself which, in simple terms, states that we must respond to any submission within a prescribed timescale (normally 20 working days) otherwise, in the absence of our response, said management plan, etc is deemed acceptable. When I receive submissions to discharge S106 obligations I set up a trigger in Idox Acolaid which then creates a task alerting me to responses I need to do so that we dont run over the 20 working days. I have not yet managed to set up an automatic consultation process within this though.

If you havent got similar clauses in your S106s (I would ask your legal team if they do this, because such requirements can be buried in the general clauses towards the front of the S106 or within the Council's Covenants in a seperate section, for example) then you could probably use similar timescales to discharge of conditions?

Rebecca.

thumbnail
John Theobald, modified 8 Years ago.

RE: S106 Obligations - Statutory consultation timescale

Enthusiast Posts: 61 Join Date: 19/10/11 Recent Posts
Many thanks Rebecca for the advice. I will check our S106s for any timescale against the management plan as I hadn't thought of that.  We are proposing to adopt a similar process as we do with our current discharge of conditions, so it is good to hear you suggest that also. Many thanks Again. Regards, John