Policy Local planning enforcement policy

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10. Breaches of section 106 legal agreements

9.1 When granting planning permission for development, the Council can impose planning obligations on the applicant. These obligations are usually contained with a legal agreement (often called a S.106 Agreement)and require certain works to be carried out or contributions to be paid/complied with at certain times. These agreements sit alongside the planning permission such that the land owner and developer are required to comply with any obligations with the legal agreement as well as any conditions on their planning permission.

9.2 If the Council decides that there is a breach of a planning obligation (e.g. a financial contribution has not been paid or required works have not been carried out within the timescale specified within the legal agreement), there are three options available:

  • The Council can apply to the Court for an injunctionto force the obligation(s) to be complied with. Failure to comply with an injunction can lead to an unlimited fine and/or imprisonment;
  • The Council can enter the land to complete worksif an obligation required works to be carried out by a certain time and this has not been carried out. The Councilmust give 21 days’ notice of theintention. The Council will seek to recovercostsincurred in the completion of the works;
  • The Council may place a local land charge on the land or property which is binding on successive owners.