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A Section 106? or pipe dream?

PERSONAL OPINION - Mike Davis


Planning obligations under Section 106 of the Town and Country Planning Act 1990 (as amended), commonly known as s106 agreements, are a mechanism which make a development proposal acceptable in planning terms, that would not otherwise be acceptable. They are focused on site specific mitigation of the impact of development. S106 agreements are often referred to as 'developer contributions' along with highway contributions and the Community Infrastructure Levy.  (Source local.gov.uk)



Councillors in particular will be aware of an S106. These are the 'gifts' that developers offer in return for planning permision on a new development. For example a new school or doctor's surgery to go with a housing estate, along with upgraded roads and junctions for access.


Sadly councillors are also aware that these gifts more often than not fail to be given. The surgery and the school are planned to start midway during the build of the estate, and at that time the developer will go back to the council and ask for a 'variation' because the houses are not selling as well as hoped and they can no longer afford to deliver the promised 'gift'. But they must be allowed to continue the devlopment because no-one would want to see a half-built estate. A local example would be the community centre/museum at the Enholmes farm estate near Patrington.


With respect to the GDF, potential 'gifts' from NWS (besides £27 per year/per person) are 4,000 jobs, a new passenger railway service to Withernsea.


Well NWS' own publications don't talk of 4,000 'local' jobs, and it's French equivalent (which is developing a very similar site) states :

  • In the initial construction phase (2022-2030), the project will create, depending on the period, between 1,000 and 2,000 jobs, first in the building and civil engineering sector, then in equipment (electricians, wirers, etc.).

  • Later, during the centre’s operational phase, beginning in 2030, it will stabilise at around 600 long-term positions.


Whilst a single track, unsignalled freight line to the surface facility of 10 miles could cost as little as £200 million, 16 miles to Withernsea, with 6 intermediate (unmanned) stations plus signaling would add at least £250 million to that price. Then there's the purchase and running of trains which would have to funded by fare income from a maximum 42,000 population (each train carriage costs £1.7 million without fuel, maintenance or crew).


I have personally always thought that S160 commitments should be delivered first, before the rest of the development. And, if the developer says they cant afford it, that would demonstrate that they didn't have a proper business case.


In the case of the GDF the 'gifts' are undeliverable from the outset. I hope East Rinding councillors also recognise this when they have their meeting on the 21 February, and maybe on other 'normal' developments they might consider insisting S160s are delivered first.


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