§ Lord Greaves asked Her Majesty's Government:
§ Whether the future signing of an agreement made under Section 106 of the Town and Country Planning Act 1990 can be made a condition of the granting and issue of a planning permission. [HL3657]
§ The Minister of State, Office of the Deputy Prime Minister, (Lord Rooker): Planning Circular 11/95 provides guidance on the use of conditions in planning permission. The circular advises that conditions attached to planning permissions should be necessary, relevant to planning, relevant to the development permitted, enforceable, precise and reasonable in all other respects. A condition requiring that an agreement under Section 106 of the Town and Country Planning Act 1990 must be entered into is unlikely to meet the tests set out in the circular because the terms of the agreement will not be known at the time permission is granted. The policy relating to planning conditions reflects current case law and helps to ensure fairness and transparency for those involved in the planning process. We have no proposals to change this policy.