Although POS understands that protracted delays in negotiating a Section 106 (S106) are frustrating and regrettable, POS is clear that the consideration of a planning application cannot be separated from the consideration of the acceptability of the terms of the S106 agreement. The LPA must be satisfied with the S106 agreement before it can grant planning permission and should not be forced to issue a planning permission where the S106 attached to it is not acceptable to the LPA. POS would warn strongly against a situation where a S106 agreement is either mediated or arbitrated through the provisions envisaged in this consultation and then the LPA is forced to grant a planning permission that it is not happy with. Parliament provides an appeal process to deal with situations where the applicant is either frustrated that he/she has not had a determination from or he/ she does not like the determination of the LPA and that is the correct route for such matters to be dealt with.
POS fundamental objections/principles are itemised in the full response.