I moved into a detached house in East Herts in 2019. It came with existing planning permission on the East side of the house for a 2 story extension but we want to build a similar 2 story extension on the West side of the house.
The local planning authority have granted permission this but made this conditional on doing a section 106 saying we will never act on the original permission for the East Side. While this appears reasonable a Section 106 actually means no one will ever be able to do anything ever again. We have to employ solicitors to draw up this contract, inform the mortgage company and this will mean, if we ever sell, this section 106 stays in place.
Is there not a simple device for removing a planning application?
Hi Paul. Perhaps surprisingly, there’s no simple mechanism to revoke or remove a planning approval. You could wait until the east side permission expires and then apply for the west side again, or you could refuse to sign the s106, no doubt resulting in a refusal of planning permission, which you could appeal. These are both potentially long-winded procedures. There’s also a procedure to seek amendment or removal of a s106 after it’s imposed and this might be something to investigate, once the east side permission has expired. I hope this helps!