Section 106 Planning Obligations
The Council of the Isles of Scilly uses planning obligations on planning permissions to restrict the occupancy of new units of accommodation (since at least the 1990's) on the islands to those with:
- a Specific Local Need
- a social housing need
- for staff of a particular business
- or a combination of any of the above
More information on section 106 of the Town and Country Planning Act 1990 and Policy LC2 of the Isles of Scilly Local Plan which make this necessary can be found at the bottom of the page.
The model versions of the obligations were revised in liaison with solicitors at Cornwall Council at the end of 2012. This was done in part to respond to the requirements of mortgage lenders by including a mortgagee in possession clause which makes it more acceptable to lend money on properties with planning obligations.
Modification of Planning Obligations
Section 106A of the Town and Country Planning Act 1990 makes provision for existing planning obligations to be modified or discharged by agreement between the authority and the person or persons by whom the obligation is enforceable.
- If an obligation is over 5 years old, a formal Application for Discharge of Planning Obligation must be submitted and the application must be advertised on or near the land with all land owners notified in a similar way to a planning application. (Due to the way an S106 planning obligation is used on the islands, there are very few circumstances in which it would be acceptable to discharge one unless it was in line with current planning policy, this process can be used to vary a modification which again would need to be in line with policy).
- If an obligation is under 5 years old, an applicant can simply make a written request to the Senior Manager for Infrastructure & Planning to modify or discharge it.
Decisions relating to requests to modify planning obligations to the revised versions have been delegated to the Senior Manager for Infrastructure & Planning in consultation with the Chairman and Vice Chairman of Full Council.
The fee for the preparation of Section 106 planning obligations including a modification or re-draft will still apply as set out on the current fees and charges list (£187.62 inclusive of VAT for 2023/4 increasing to £194.18 inc VAT for 2024/5). This reflects the officer time taken to process requests and prepare the obligations, make the necessary searches with Land Registry and obtain associated legal advice.
SPECIFIC LOCAL NEED
As part of the Local Plan review process, the specific local need criteria has been reviewed. An interim SLN criteria is now in use, SEE HERE FOR DETAILS and to access forms for assessment against the criteria.
Policy and Legislation
- Policy LC2 of the Isles of Scilly Local Plan states:
All new affordable homes will be subject to occupancy restrictions, to ensure they will be occupied in perpetuity by a person or persons (and their dependants) with a local housing need, as their principal residence throughout the year.
- Section 106 of the Town and Country Planning Act 1990 (via link).