Re: St Matthew Academy Cycle Parking

Tom Crispin wrote:
On 20 Apr 2008 21:20:19 GMT, Ian Smith <ian@xxxxxxxxxxxxxxxxx> wrote:
A section 106 is a legally binding agreement entered into by a developer as part of negotiations with the planners. It says that the developer will do something in order to secure some benefit that makes the scheme acceptable, but which could not be imposed by means of conventional planning conditions. It's things like paying for a new children's playground down the road....

My understanding is that it was a planning condition that the cycle
park was built and that it could only be altered by a further planning
application.

Yes, it sounds like a condition of the planning permission, nothing to do with Section 106. If a Section 106 agreement were required, a planning condition would state this, but the agreement would be separate.

The school is clearly in breach of the planning consent.

Yes. As you say, they must either fulfil the condition, or make a planning application to try to get it removed.

It sounds like your borough did a good job forcing the school developer to provide properly for cycling. Most new schools these days are PFI (Private Finance Initiative), and the developers are unlikely to do anything for cycling unless forced to - and not always then, as your example shows!


Colin McKenzie

--
No-one has ever proved that cycle helmets make cycling any safer at the population level, and anyway cycling is about as safe per mile as walking.
Make an informed choice - visit www.cyclehelmets.org.

.

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