The following article presents an overview of planning conditions associated with Section 106 (s106) agreements (in England) and Section 75 agreements (in Scotland) with particular reference to large building developments and TV reception interference. Common requests from Planning Authorities are discussed and the process for discharging these conditions is presented.
What are s106 and Section 75 agreements
These legally binding agreements, also known as ‘planning conditions’ or ‘planning obligations’, are set between a Planning Authority and a developer. The agreements are designed to mitigate for a particular impact that would arise from a proposed development.
The recommended approach
Planning Authorities may request different processes for discharging conditions relating to large building developments and TV interference. Sometimes however, it is worth doing more than the minimum to discharge a planning condition and this is why Pager Power recommends a detailed and robust approach for understanding the potential impact of a building development on TV signals. This includes desk based modelling of possible interference, a baseline survey and a written scheme outlining the mitigation process. This ensures there will be no unwanted surprises further down the line as construction of the development begins. It can also save money, time and potential bad publicity for a development.
If you are looking to discharge a planning condition relating to TV interference or if you are just interested in understanding the potential impact of your building development on TV signals, please call us on +44 (0) 1787 319001.
Typical s106 and Section 75 agreements
There are many variations on planning conditions for building developments that must be discharged for construction to begin. With reference to TV specifically, the most common requests in a condition are described below:
- Scheme for the investigation of interference complaints or Television Written Scheme
- Modelling of predicted TV interference
- Baseline TV reception survey
- Post-construction TV survey
- Investigation of interference complaints
The wording of each condition can vary through different councils, which means that a different process can be required to discharge a condition. Extracts from two example planning conditions are presented below. Note that these are only examples, not in full and only the wording relating to the main process required to discharge the condition is presented.
Example planning condition one:
‘Prior to development, a scheme and programme of investigation of any interference to any television signals by the operation of the development and for the remediation of such interference caused by the operation of the development shall be submitted to the County Planning Authority for approval in writing…’
Example planning condition two:
‘Unless otherwise agreed in writing by the Local Planning Authority, prior to the commencement of the authorised development a survey of baseline television and radio reception shall be carried out at those properties agreed by the Local Planning Authority…’
To discharge condition one, only a written scheme outlining the mitigation process is required however, condition two requires a baseline survey with the survey locations agreed in advance. Whilst the two conditions offer different ways forward that would permit construction, Pager Power always recommends a comprehensive and robust approach outlined in the previous section.