Hot Topics - Planning permission

Question 1

What are planning conditions?

Answer 1

• A condition imposed on a grant of planning permission (in accordance with the Town and Country Planning Act 1990)
• Usually, these conditions should be discharged prior to starting work; or, prior to the development becoming operational (in use)
• Conditions include time limits on development, undertakings regarding environmental issues and the external appearance of the development

Question 2

What are reserved matters on planning permission?

Answer 2

• Reserved matters are those aspects of a proposed development which an applicant can choose not to submit details of with an outline planning application (they can be ‘reserved’ for later determination)

Question 3

What are Section 278 agreements?

Answer 3

A Section 278 agreement (S278) is a section of the Highways Act 1980 that allows developers to enter into a legal agreement with the council to make alterations or improvements to a public highway, as part of a planning application

Question 4

What are Section 106 agreements?

Answer 4

• A Section 106 agreement (S106) is an agreement between a developer and a local planning authority about measures that the developer must take to reduce their impact on the community.
• A S106 agreement is designed to make a development possible that would otherwise not be possible, by obtaining concessions and contributions from the developer

Question 5

What might a Section 106 Agreement cover?

Answer 5

The most common contributions / agreements include:
- Public open space
- Affordable housing
- Education
- Highways
- Town centre improvements