Section 106 Agreement Reserved Matters

I think that an s106 agreement is possible, because in the event of an unsatisfactory relocation of the listed building, it is likely that if construction progressed, there would be strong planning disputes. However, Circular 05/05 gives preference, as far as possible, to conditions over agreements. The classified building permit could be subject to the condition that demolition only begins once proof of a contract has been presented and accepted (a similar mechanism is often used to prevent empty land from being abandoned when permission to demolish a protected area is granted). Alternatively, a „grampian“ condition could be used to prevent residential construction from starting or reaching a certain stage until the building is rebuilt. Another point to remember is that, during the reconstruction, the building is classified as a historical monument only if it is „replayed“. To the extent possible, an applicant may, during the application phase, obtain authorisation for matters that would otherwise have been subject to conditions. This can reduce possible delays between decision-making and development on the ground. A local planning authority may decide to issue an opinion if it has not obtained written agreement on a precondition which it wishes to impose during the negotiations referred to in paragraph 019. My client obtained the building permit for 12 holiday cottages at a golf club, based on the signing of a Section 106 agreement, to link their profession to people who use the golf course or its facilities.

My client is happy. However, in the event of a violation of the holiday fix, the developer would require the developer to demolish the lodges within 28 days of the violation and remove any material from the site. Given that the local authority has sufficient powers to remedy violations of planning control, this requirement seems unacceptable. What do you think? Article 100A(5) provides that the building permit for the development of land may not be subject to a precondition without the written consent of the applicant to the conditions of the condition (except in the case of a condition imposed on the grant of a framework permit within the meaning of Section 92 of the 1990 Law or to the conditions laid down in the Planning (Preconditions) Rules 2018). For non-framework applications that do not contribute to the efficient and effective implementation of development, it is important that the local planning authority limits the use of conditions requiring its authorisation for other matters after the authorisation has been granted. The initial building permit shall be maintained irrespective of the outcome of the application referred to in Article 73. . .

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