§ Mr. Fabian HamiltonTo ask the Deputy Prime Minister under what circumstances(a)a planning condition may be imposed and (b)a section 106 agreement may be made to limit the frequency of burials on private land to one a week, averaged over (a)three, (b)six, (c)nine and (d)12 months. [159964]
§ Keith HillA limited number of burials over a period of time may not constitute a "change of use" and no planning permission is necessary. Exceeding this "limited" number of burials may require planning approval.
Planning conditions can only be attached to planning permissions. They are imposed to enable planning permission to be given. It is for the local authority to determine what conditions should be imposed to make it possible to grant permission for the desired use.
Section 106 of the Town and Country Planning Act 1990 enables a person with an interest in land to enter into a planning obligation to
restrict the development or use of the land in any specified way;require specified operations or activities to be carried out in, on, under or over the land;require the land to be used in any specified way; orrequire a sum or sums to be paid to the authority on a specified date or dates or periodically.The obligation can be in the form of an agreement between a local planning authority or a unilateral undertaking.
Planning obligations under section 106 may be made at any time, but in practice they are usually made between a developer and a local planning authority in the context of a planning permission. A person with an interest in land cannot be compelled to enter into planning obligations.