Planning Obligations SPD

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Comment

Planning Obligations SPD

Question 11: Do you have any comments to make about Pre Application?

Representation ID: 661

Received: 28/09/2015

Respondent: Thurnby And Bushby Society

Representation Summary:

Local knowledge is important for assessing appropriate S106 obligations, especially where planning issues are large and/or controversial. The procedure for the Pre-application Stage and draft S106 agreements should include local input from at least Ward Member level, and, if appropriate, with Parish Councils and other local interests.

Full text:

Local knowledge is important for assessing appropriate S106 obligations, especially where planning issues are large and/or controversial. The procedure for the Pre-application Stage and draft S106 agreements should include local input from at least Ward Member level, and, if appropriate, with Parish Councils and other local interests.

Comment

Planning Obligations SPD

Question 13: Would a model legal agreement template be useful?

Representation ID: 662

Received: 28/09/2015

Respondent: Thurnby And Bushby Society

Representation Summary:

Questions 11, 13, 14, 15 and 16

Local knowledge is important for assessing appropriate S106 obligations, especially where planning issues are large and/or controversial. The procedure for the Pre-application Stage and draft S106 agreements should include local input from at least Ward Member level, and, if appropriate, with Parish Councils and other local interests.

Full text:

Questions 11, 13, 14, 15 and 16

Local knowledge is important for assessing appropriate S106 obligations, especially where planning issues are large and/or controversial. The procedure for the Pre-application Stage and draft S106 agreements should include local input from at least Ward Member level, and, if appropriate, with Parish Councils and other local interests.

Comment

Planning Obligations SPD

Question 14: Do you have any comments about Determining Applications and appropriate Obligations?

Representation ID: 663

Received: 28/09/2015

Respondent: Thurnby And Bushby Society

Representation Summary:

Of late it has been observed that abuse of the S106 obligations system has crept in. This appears to be because of the enormous pressure on Planning Officers and the Development Control Committee to approve planning applications and the assumption that any difficulty can be overcome at a later date by a S106 agreement where appropriate.

This pressure has discouraged proper assessment of planning issues which means an unsatisfactory situation is created or at the very most a second best solution has to be tolerated if the planning application is approved.

Full text:

Of late it has been observed that abuse of the S106 obligations system has crept in. This appears to be because of the enormous pressure on Planning Officers and the Development Control Committee to approve planning applications and the assumption that any difficulty can be overcome at a later date by a S106 agreement where appropriate.

This pressure has discouraged proper assessment of planning issues which means an unsatisfactory situation is created or at the very most a second best solution has to be tolerated if the planning application is approved.

Comment

Planning Obligations SPD

Question 15: Do you have any comments to make about Finalising the S106 Agreement?

Representation ID: 664

Received: 28/09/2015

Respondent: Thurnby And Bushby Society

Representation Summary:

No planning application should be approved before a S106 agreement is in place.

Full text:

No planning application should be approved before a S106 agreement is in place.

Comment

Planning Obligations SPD

Question 16: Do you have any comments to make about varying planning obligations?

Representation ID: 665

Received: 28/09/2015

Respondent: Thurnby And Bushby Society

Representation Summary:

Variation of a S106 obligation has the potential to be used by Developers to rescind any parts of the S106 agreement which has previously been agreed in the haste to get planning approval. Variations to planning obligations by S106 agreement should only be considered if the situation has genuinely changed.

Full text:

Variation of a S106 obligation has the potential to be used by Developers to rescind any parts of the S106 agreement which has previously been agreed in the haste to get planning approval. Variations to planning obligations by S106 agreement should only be considered if the situation has genuinely changed.

Comment

Planning Obligations SPD

Question 17: Do you have any comments about monitoring planning obligations?

Representation ID: 666

Received: 28/09/2015

Respondent: Thurnby And Bushby Society

Representation Summary:

A Developer can claim 'maintenance' before the actual development begins. This groundwork could potentially flout S106 agreements before HDC is aware. A Developer can go after the "end" of a Development before the S106 obligations are completed. It's difficult to persuade a Developer to come back, particularly if they are no longer in business.

Monitoring by HDC needs to be improved. Enforcement are overstretched and are not Planning Officers. They rely on information from locals who cannot always observe what is going on. Can Planning Officers take more responsibility for a Development as it progresses and make more site visits.

Full text:

A Developer can claim 'maintenance' before the actual development begins. This groundwork could potentially flout S106 agreements before HDC is aware. A Developer can go after the "end" of a Development before the S106 obligations are completed. It's difficult to persuade a Developer to come back, particularly if they are no longer in business.

Monitoring by HDC needs to be improved. Enforcement are overstretched and are not Planning Officers. They rely on information from locals who cannot always observe what is going on. Can Planning Officers take more responsibility for a Development as it progresses and make more site visits.

Comment

Planning Obligations SPD

Question 26: Do you have comments on bonds and enforcement action?

Representation ID: 667

Received: 28/09/2015

Respondent: Thurnby And Bushby Society

Representation Summary:

There needs to be an official 'Start' at the beginning of a Development, and an 'End', so that it is clear when monitoring should take place. We support the idea (section 4.9.8) of some kind of compulsory deposit or Bond, returnable when the site is complete and when a Planning Officer, perhaps accompanied by a Ward Member, is satisfied that all Planning conditions and S106 obligations have been met.

If the obligations have not been met the deposit or bond should be forfeited and used to pay someone else to do the work.

Full text:

There needs to be an official 'Start' at the beginning of a Development, and an 'End', so that it is clear when monitoring should take place. We support the idea (section 4.9.8) of some kind of compulsory deposit or Bond, returnable when the site is complete and when a Planning Officer, perhaps accompanied by a Ward Member, is satisfied that all Planning conditions and S106 obligations have been met.

If the obligations have not been met the deposit or bond should be forfeited and used to pay someone else to do the work.

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