The Chair will receive and respond to questions from members of the public submitted in accordance with the Council’s procedures. Questions shall not normally exceed 50 words in length and the total length of time allowed for electors’ questions shall not exceed 10 minutes. Any question not answered within the total time allowed shall be the subject of a written response.

The following question was submitted by a member of the public –

Question by: Mr J Carter

How will the Council overcome the difficulty of documenting a Section 106 agreement with the applicant for planning application ref 06/01236/FUL when the applicant does not own or have any interest in the majority of the land at Colin Campbell Court?

Reply

In considering any planning application, the Local Planning Authority needs to ensure that any works required to satisfy the planning needs of the development are secured in through appropriate means.

S.106 legal agreements are one way of doing this, and the Council will ensure that a Section 106 Agreement is thoroughly considered legally and that all relevant parties are included.  It will establish through investigation of title and consideration of other relevant legal documentation e.g. a development agreement, the most effective way to cover the provisions of section 106 of the Town and Country Planning Act 1990.  This will ensure compliance with the obligations included in the agreement.  It is not unusual for the applicant of a planning application to not own or have a majority interest in land covered by a proposed planning application.