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PLANNING CONDITIONS & OBLIGATIONS FORUM

There ae two types of conditions attached to planning permissions, conditions themselves and planning obligations, more commonly known as Section 106 conditions. The first obligatory, and are imposed by the planning permission giver. S106 conditions are legally binding contracts that developers enter into with the planning authority that they will do all contained in the agreement if permission is granted.

Conditions

These are the normal planning conditions that are attached to most if not all planning permissions. They consit of two parts the condition it self and the justification. And are usually attached to the permission notice in numbered paragraphs at the end.

Most local authorities have a number of these that are attached as standard, to be supplemented by specific ones. Good examples are times of working during construction, and the landscaping. Most are obligatory, such as though shalt not commence work until this or that is done, or this and that plan is submitted for approval.

In theory these are enforceble by breach of condition notices, and stop orders. However most local authorities tend 'wrongley' to turn a blind eye to enfringements, which makes a mockery of the whole system. And leads to a substantial amount of work for CfPS advising on how best to force LPAs to take action (see below).

Section 106 Agreements

Section 106 agreements are not compulsory, but the effects are nonetheless enforceble. Some are at the instigation of developers, whilst others are at the behest of local authorities. Some are so draconian by nature (known as Grampian Orders) that they are do this or else, or if this does not happen then the permission granted cannot proceed. many of these agreements can be likened to planning bribes, or in planning terms 'planning gain'.

Whilst many additional benefits can be gained from planning gain, such as play equipment, schools, shops and so forth. In as far as adverse developments are concerned they can ensure unpassable developments are effectively brought. As local politicians mindful of the need to reduce local rates accept deals that will give what they perceive as much needed local facilities. This clouds their minds to the concerns of local communities, and the reduction in their quality of life that the proposals will bring about.

THIS SECTION IS STILL UNDER CONSTRUCTION

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