Dear West Lindsey District Council,
Please could you provide me with the Section 106 (S106) agreement relating to the Woodland Grove Estate Market Rasen (Land North of Gallamore Lane), made between Allison Homes (Kier) and the West Lindsey District Council. This should outline any restrictions on future land use, legal obligations, etc...
You recently refused my request saying it was 'vexation', however it is a simple request made to and answered by numerous other councils and is not vexation. I have provided more information below regarding what an s106 covers.
Furthermore you also asked me to contact the council with my FOI request via email to a customer service operative, this would not make questions open to the public hence in the interest of FOI, I do not wish to comply with this request.
The common uses of planning obligations are to secure affordable housing, and to specify the type and timing of this housing; and to secure financial contributions to provide infrastructure or affordable housing. However these are not the only uses for a s106 obligation. A s106 obligation can:
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; or
require a sum or sums to be paid to the authority (or, to the Greater London Authority) on a specified date or dates or periodically.
A planning obligation can be subject to conditions, it can specify restrictions definitely or indefinitely, and in terms of payments the timing of these can be specified in the obligation.
If the s106 is not complied with, it is enforceable against the person that entered into the obligation and any subsequent owner. The s106 can be enforced by injunction.
In case of a breach of the obligation the authority can take direct action and recover expenses.
The planning obligation is a formal document, a deed, which states that it is an obligation for planning purposes, identifies the relevant land, the person entering the obligation and their interest and the relevant local authority that would enforce the obligation. The obligation can be a unitary obligation or multi party agreement.
Please find attached our response to FOI 0151.
Guildhall | Marshalls Yard | Gainsborough | Lincolnshire | DN21 2NA
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