Planning Applications

An S106 agreement (Section 106 Legal Agreement), also known as ‘planning obligations’, is a legally binding agreement between the LPA and the developer. They are often used when the LPA believes a development will have significant impacts on the local area that cannot be negated by implementing planning decision conditions.

The Section 106 Legal Agreement comes from a section of the Town and Country Planning Act of 1990. An S106 agreement must be necessary, relevant, and reasonable. Additionally, the development’s viability and the local economy can have a hand in shaping the contents of an S106 agreement, should one be necessary.

A planning statement is a document that highlights the need and context for your proposed development. It assesses how the development relates to national, regional and local planning legislation. They can also include the details and findings of consultations between the developer and the LPA, statutory consultees, and community representatives.

Depending on the scope of the community surrounding the development, a separate statement regarding the involvement of the community may be necessary.

A supportive planning statement will be required for many planning permission applications, particularly for large developments, significant changes to the use-case or application of a building, or works pertaining to listed or period buildings.

Pre planning application advice is not mandatory, but it is an encouraged part of the planning process. This is because it can lead to the identification and solving of any issues with your development proposal before you submit your application. This could save time and money in the long run.

Some of the things you may find from using a pre planning advice service can include: what policies your development will be assessed against, development site planning history, important constraints, and designations the site has, what supporting documentation and information you will be likely required to produce to support your application, and more.

You can submit a planning application online. Every LPA in England can be applied to using the Planning Portal. If you are working without a planning consultant, then at the start of the project you should check to see if your project requires planning permission, building regulations approval, or both.

When submitting a planning application, it is worth noting that online planning application submission requires a planning fee of at least (subject to your development) £60 to be paid as part of the application process. The application will not be submitted to the LPA without payment of the planning fee.

Typically, for most projects, the decision on the outcome of a planning application is made within eight weeks. For very large or complicated developments, this can be extended to thirteen weeks, after gaining your written consent. It is likely that the LPA will be able to give you a timeframe.

If the LPA does not seek your written consent to extend the period, then you can appeal to the secretary of state. Do be aware, however, that this can take months, so it may be faster to contact the LPA and reach an agreement if time is of the essence.