UK Parliament / Open data

Housing and Planning Bill

My Lords, I rise to move Amendment 101BGB. We are moving on to Clause 142, which is about planning obligations—Section 106 and so on.

This clause sets up a new procedure for resolution of disputes and there is a new schedule in the Bill which forms new Schedule 9A of the Town and Country Planning Act 1990. It sets up a new and quite complicated procedure for resolving disputes on Section 106 obligations when the local planning authority and the applicants are having difficulty coming to a conclusion. My amendment simply applies this to Section 106 agreements in relation to housing, rather than Section 106 agreements as a whole.

It is generally true that there are two types of Section 106 agreements. The first relate to housing and affordable housing. They are often very controversial and difficult to reach conclusions on; indeed, consideration has recently been given to ways in which they can be lifted, or their alleged burden reduced. These are in a wholly different category from normal Section 106 agreements, which simply provide necessary local infrastructure, nowadays closely related to the actual site of the application. This procedure seems long, convoluted and complex compared with ordinary, simple Section 106 agreements, and may result in applicants dragging out discussions longer than is necessary in the hope that they can get away with paying a bit less.

There are perhaps more important amendments in this group; however, it seems to me that the Government want to use a sledgehammer to crack what are in fact quite small nuts. I beg to move.

About this proceeding contribution

Reference

769 c2392 

Session

2015-16

Chamber / Committee

House of Lords chamber
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