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.
