Finally, one of Chris’s simple schemes submitted in 2021 for the modification of conditions & a s106 agreement has been approved!
The application sought the variation of conditions to allow a dog training/agility facility to increase number of dogs on the site and hours of operation. This was a simple application, supported by Durham County Council however it became protracted when a modification to an existing legal agreement was required.
This could have been avoided if the original agreement included a clause to ensure it related to any amending application (such as a s73 modification of planning condition application). However as no such clause was included the process to have third parties sign a modified agreement was painful.
THANK YOU to Apex Acoustics for assisting the scheme with a noise report to demonstrate that the proposed use would not have an adverse effect on neighbouring properties.
We’re delighted for our client and wish them every success on their expanding business!
Our article Understanding Planning Conditions details the top 5 things to know about planning conditions. Take a look at our blog How to Amend a Planning Application – s96a v’s s73 if you’re unsure.
Our Practical Guide to Planning Conditions gives you the basics of what you need to know about conditions and our article covering Planning Obligations v’s Planning Conditions covers the basic differences between them.
A section 106 agreement (s106 agreement) is designed to make a development that would otherwise not be possible happen by securing mitigation measure and/or contributions from a developer; known as planning obligations. Our Practical Guide to Modify a s106 Agreement is a useful article if you find yourself in this position.
Take a look at our eBooks on Application Process for more details on the planning process. And if you need assistance a town planner can help you through this process, take a look at our blog on When to Hire a Town Planner and our download Guide on How to Choose a Town Planner.