Decision details

There have been recent examples in both Tunbridge Wells Borough and Folkestone & Hythe District where the councils were developing schemes on land within their ownership. This created a potential conflict for both authorities where they were potentially party to the planning obligations in more than one capacity.

Districts are keen to avoid this conflict and have sought legal advice to determine options to resolve it. Recent advice has suggested there are a range of options open to the District. These may include seeking a way of the district only entering into the planning obligation as planning authority not as landowner and leasing their land interest to a third party. There may also be instances where the district’s land need not be not bound by the planning obligation.

However, some of these options are not always preferable particularly where the council wishes to retain control of land within its ownership. An alternative option is for the County Council to take on the enforcing role on behalf of the LPA. KCC would be party to the planning obligation and identified as the local authority by whom the planning obligations are enforceable for the purposes of the s106 agreement.

As Cabinet Member for Economic Development I agree to approve the principle of delegating the authority to act as the enforcement body for District and Borough S106 obligations subject to a range of conditions, to the appropriate officer; the Director of Economic Development.