The list below is a record of advice the Planning Inspectorate has provided in respect of the Planning Act 2008 process.
There is a statutory duty under section 51 of the Planning Act 2008 to record the advice that is given in relation to an application or a potential application and to make this publicly available. Advice we have provided is recorded below together with the name of the person or organisation who asked for the advice and the project it relates to. The privacy of any other personal information will be protected in accordance with our Information Charter which you should view before sending information to the Planning Inspectorate.
Note that after a project page has been created for a particular application, any advice provided that relates to it will also be published under the ‘s51 advice’ tab on the relevant project page.
Advice given between between 1 October 2009 and 14 April 2015 has been archived. View the archived advice.
Enquiry
The National Planning Guidance states that section 106 agreements should be used to mitigate the effects of otherwise unacceptable developments.
I know that RSP have argued against a 106 agreement for Manston but this is not unusual from developers. 106 agreements are often imposed upon them
What I don’t understand is at what point PINS would consider such an approach in this case, and what input interested parties would have into any potential 106 agreement.
Advice given
Under the Planning Act 2008, agreements/ undertakings pursuant to s106 of the Town and Country Planning Act 1990 are known as Development Consent Obligations.
In this case, a Development Consent Obligation does not form part of the application documentation. If a Development Consent Obligation were subsequently submitted to the examination, it would have the same status as all other Examination Documents insofar as Interested Parties would be able to make representations about its content to the Examining Authority.
