Tidal Lagoon Swansea Bay
Mr Burgess called to seek clarifiation on the relationship between s106 agreements and Development Consent Orders in delivering development
Mr Burgess was advised that the Planning Inspectorate and Examining Authority are unable to advise on s106 agreements as these are agreements between Councils and applicants.
Should development be removed from a development consent order (DCO), it would be for a Local Authority, if it was within their juristiction, to decide whether to grant planning permission if an application was submitted.
The DCO cannot compel applicants to deliver development and should this development require another permission outside of the DCO, this cannot be prejudged as being able to receiving consent.