- Requested on
- Fri 16th May, 2014
- FOI 4418
- Information provided
I am writing under the Freedom of Information Act to request information on planning obligations (“s106 agreements”) involving supermarkets (see definition below).
Please note I am interested in the following supermarket chains: Tesco, Asda, Sainsburys, Morrisons, Waitrose, Co-Op, Iceland, M&S, Aldi and Lidl (including other forms of their names). I am requesting applications for developments for any of these supermarkets, including those made by the supermarkets themselves and those made by other companies where the development will be one of the supermarkets.
1. Since May 1, 2009
a) Please provide a copy of all s106 agreements related to planning applications for the construction or redevelopment of supermarkets, in their original form, and then a copy of any applications to modify the s106 agreements, and any subsequent s106 agreements.
For each s106 agreement please state the name of the applicant and supermarket chain involved, the location, and the most recent planning reference number for the site it refers to.
For applications to modify, please state if the modifications were approved.
Please also state the legislation which any application to modify is made under.
For example, but not limited to:
- Applications to modify agreements using the Growth and Infrastructure Act (clause 7) - Affordable Housing Modification - which came into effect on 26 April 2013 (when the clause was introduced to s106 of the 1990 Town and Country Planning Act).
- Applications to modify agreements in which a person bound by the planning obligation can seek to have the obligation modified or discharged after five years.
- Instances in which provisions made in section 106 agreements have been appealed under an amendment (28th Feb 2013) to the The Town and Country Planning (Modification and Discharge of Planning Obligations) Regulations 1992.
- All other instances where applications have been submitted to modify original s106 agreements.
However while the information requested may be held by the Council in the form of planning applications and Section 106 agreements it is not held in a manner which enables the information you requested in the form suggested to be collated easily. The time required to locate and retrieve the requested information would exceed the appropriate limit for dealing with requests set out in section 12 of the Act and the Appropriate Limit and Fees Regulations.
We do not record the name of the supermarket chains requested as who the supermarket is operated by is not a planning issue and section 106 agreements are entered into with the land owners which may not be a supermarket chain; we are therefore unable to perform a keyword search. To locate the information requested, we would have go through all of our planning records and pick out relevant applications.
The Council would normally wish to offer suggestions as to how some of the information could be provided or how a differently worded request could result in information being provided within the terms of the Act and the Regulations. However due to the complexity of the information requested in this case in relation to the way in which the Council holds information this does not appear possible in this case.
Information on S106 legal agreements are published on our web site in a PDF (attached for your convenience). The planning reference number can then be used in our planning explorer site to view the planning application and all associated documents. http://portal.charnwood.gov.uk/Northgate/PlanningExplorerAA/ApplicationSearch.aspx