Sunday, 5 February 2012

have your say TODAY

The Thanet District Council night flights consultation started last Friday and continues until 2 March 2012, details of which can be found here.

If you are concerned about de-restriction of planes landing at Kent International Airport between the hours of 11pm in the evening and 7am in the morning, please send your concerns into the consultation, by post or email, quoting your name, full address and postcode.

If you would like to know more details about some of the planning issues surrounding the airport please refer to my previous posts

A Section 106 agreement is NOT an ongoing planning permission

Night Flight Consultation Response.

Planning Loopholes.


Wednesday, 1 February 2012

A Section 106 agreement is NOT an ongoing planning permission

The Section 106 agreement under planning legislation is used to define developer/owner/operator contribution to the local surroundings affected by a proposed development, if or when a planning permission is granted. It is not in itself an ongoing planning permission and is restricted to implementation in association with the granted permission

This raises the question as to whether it is appropriate to sign a Section 106 agreement in conjunction with a Certificate for Lawful Development (LDC) and that also poses a further question whether a previous Section 52 agreement attached to a real planning approval can be varied by a Section 106 agreement attached to an  LDC.

I do not profess to be an expert in planning law but from my continued association with planning legislation over 45 years, I have never experienced a Section 106 agreement used in this manner and quoted as the panacea for any and every change at Manston Airport.

If Thanet District Council don’t have the courage to challenge this inappropriate use of a Section 106 agreement, then I feel the residents affected by airport expansion should challenge the situation in court.

The Night Flight consultation commencing tomorrow is a good opportunity for local residents to make the local authority aware that they are not pleased with the way these planning matters have been handled and insist that the whole situation be regularised through the norms of the planning system.