Planning Approval
As of 2025 a planning approval is being put together and is expected to be submitted later in 2025 along with a necessary robust consultation. This will be the opportunity for local people to express their views and for us to ensure that the requirements for planning consent for a listed building followthe rules are in place.
One of the risks with any planning consent is that nothing actually happens of any significance and the building remains in its current state. More on this below. Generally planning consent adds value but in view of the original price paid for the Royalty that might be the case here.
Full planning permission covers everything concerned with a project and the applicant needs to make a start on the building works within three years.
Once the applicant has made sure they’re complying with all conditions from the local planning authority’s approval letter and also have building regulations approval they in a position to start building.
Outline planning permission is mostly used for bigger projects such as the Royalty. The local authority agree to the overall scheme concept, and then when ready the applicant puts in further applications covering the details (“reserved matters”).
In either case, the applicant has three years during which you take action to keep the planning permission alive.
The legislation, then, is intended to make sure the planning permission is actually used. With outline permission, the applicant needs to decide on the details and get the applications in for approval before the three years run out. Then, after the approval of the last reserved matter, has another two years in which to begin construction. So, 5 years potentially.
If some kind of clearly visible first action takes place the approval can be kept alive without beginning the main construction phase.
These actions, ‘material operations’ are listed in the amended version of the Town And Country Planning Act 1990 that demonstrate the beginning of work (often referred to as ‘commencement of development’) on a site:
- any work of construction in the course of the erection of a building;
- any work of demolition of a building;
- the digging of a trench which is to contain the foundations, or part of the foundations, of a building;
- the laying of any underground main or pipe to the foundations, or part of the foundations, of a building or to any such trench;
- any operation in the course of laying out or constructing a road or part of a road;
- any change in the use of any land which constitutes material development.
The start needs to be substantial enough to show that development has genuinely begun. What counts as “enough” is subjective. Ultimately, it could be up to a council officer or even a judge to decide whether what has been done meets the threshold.
If the permission expires a new application can be made either repeating the previous application or proposing something different. What seems a profitable development in 2025 may not have the same appeal to whoever owns the permission in 2030.
Sometimes as with Moor Pool, a more enlightened developer who understands the benefits of engagement can acquire the planning permission leading to a better overall scheme.
Section 106 Agreements
A Section 106 Agreement is a legal agreement between the Planning Authority and the applicant/developer and any others that may have an interest in the land.
In a limited number of cases, where only the applicant needs to be bound by a planning obligation and not the Planning Authority, instead of agreeing obligations through the standard process of discussion (negotiation and agreement) it may be acceptable and advantageous for the developer to make a unilateral offer or “unilateral undertaking” to the Planning Authority to settle obligations relevant to their planning application.
"Section 106 Agreements" and "Unilateral Undertakings" are types of Planning Obligation authorised by Section 106 of the Town and Country Planning Act 1990 as amended by the Planning and Compensation Act 1991 Section 12. The Community Infrastructure Levy Regulations 2010 also sets out restrictions on the use of Planning Obligations.
Planning Obligations are used following the granting of planning permission (normally major developments) to secure community infrastructure to meet the needs of residents in new developments and/or to mitigate the impact of new developments upon existing community facilities. They can also be used to restrict the development or use of the land in a specified way or require specific operations or activities to be carried out on the land.
Benefits will be secured either in kind or via financial contributions depending on what is required. Any relevant and necessary matter may be included within a Planning Obligation that can not be secured through the normal planning process but is required in order for the development to be deemed acceptable in planning terms which would otherwise be refused.
Each development is judged on its own merits.
Section 106 funding may provide capital funds towards general community and leisure facilities, to be used for the provision, extension, adaptation or enhancement of the facilities.
Planning have made it clear they expect 'community' to be included in any proposal but if essential restoration is accomplished and an evidenced viable development would be compromised by inclusion of a viable community element then an s106 agreement might be a solution of last resort. Interestly an s106 agreement was applied with respect to allotment restoration at Moor Pool but was then used as a contribution towards provision of the ECO Centre facility with the MPHT being a named party in the agreement.