HC Deb 15 September 2003 vol 410 cc612-3W
Mr. Wyatt

To ask the Deputy Prime Minister what sanctions can be used by(a) his Department and (b) members of the public if a section 106 planning gain for a new primary school is not then taken up by the planning authority. [129177]

Keith Hill

There are no powers for my right hon. Friend the Deputy Prime Minister or members of the public to enforce s106 agreements directly.

Planning obligations made under section 106 of the Town and Country Planning Act 1990 (as amended by section 12 of the Planning and Compensation Act 1991) are either agreements between the local planning authority and persons with an interest in the land or undertakings given by persons with an interest in the land relating to the matters set out in section 106 (1) (a)–(d):

  1. (a)restricting the development or use of the land in any specified way;
  2. (b)requiring specified operations or activities to be carried out in, on, under or over the land;
  3. (c)requiring the land to be used in any specified way; or
  4. (d)requiring a sum or sums to be paid to the authority on a specified date or dates or periodically.

The planning obligation can only be enforced by the local planning authority against the person who entered into the obligation or any person deriving title from the person who entered into the obligation. The relevant powers are set out at section 106 (5) and section 106 (6). There is no power for the Secretary of State or any other person to enforce the obligation.

Mr. Wyatt

To ask the Deputy Prime Minister what powers a local authority has to prevent further buildings by a developer where the houses recently built by the company on that site which have many snags per house still to be resolved. [129178]

Phil Hope

There are no such powers.

Mr. Wyatt

To ask the Deputy Prime Minister how many complaints about homes built by Redrow plc(a) in total and (b) on the Meads Estate near Bobbing have been received by NHBC Building Control Services Ltd. [129179]

Phil Hope

NHBC Building Control Services Ltd. is a subsidiary of NHBC (National House-Building Council), an independent company limited by guarantee. Questions regarding complaints made about developers or house builders to NHBC or its subsidiaries should he directed to NHBC.