7. How can I ensure flexibility in my planning application?
linked to the scale of the development. This provides the opportunity to discuss the details of the application with the local authority, which is crucial, as many authorities will not enter into detailed negotiations once an application has been submitted.
One important consideration when making a planning application is keeping the application as non-prescriptive as possible, as this can increase the scope for changes after consent has been granted.
4. What is a Planning Performance Agreement, and how does it help?
8. Why is early negotiation of an S106 legal agreement important?
There is also the opportunity to enter into a Planning Performance Agreement with the local authority. This is a chargeable service, but it essentially acts as a contract between the applicant and the local authority, C overing the timescale for determining a planning application. It can cover pre- application discussions through to the completion of a Section 106 (S106) legal agreement, which is usually the final stage before planning permission is granted.
It is important to negotiate the terms of any S106 legal agreement supporting the planning permission as early in the process as possible. Local authorities are under no obligation to renegotiate the terms of an S106 agreement for a five-year period.
james@mcconnellplanning.co.uk
5. Can planning permission be amended after it has been granted?
Connect with James
christian.legouais@haroldbenjamin.com
Once planning permission has been granted, landowners often wish to amend their application. The planning system allows for some flexibility in making amendments. This can be done either through a Non-Material Amendment under S96A of the Town and Country Planning Act 1990 or a Minor Material Amendment through S73 of the 1990 Act, depending on the scope of the change sought.
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6. What is the difference between S96A and S73 amendments?
S96A applications are more limited in their scope than S73 applications and cover matters that do not generate any new material planning considerations. They are not a planning application and can therefore be determined quickly. Unlike S73 applications, they do not result in a new planning permission being issued. However, neither process can be used to extend the time period for implementing a planning permission.
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