Page 7 - 7.3 Section 106

Lower Thames Crossing – 7.3 Section 106 Agreements – Heads of Terms
Introduction
Volume 7
2.1.1 National Highways has submitted an application under section 37 of the Planning Act 2008 for an order to grant development consent for the A122 Lower Thames Crossing (‘the Project’) which would authorise the construction, operation and maintenance of the Project, along with the compulsory acquisition or temporary acquisition of all land and interests in land necessary to enable this.
2.1.2 A section 106 agreement, made under section 106 of the Town and Country Planning Act 1990 (TCPA) is proposed to support the application for a development consent order (DCO) for the Project in order to make the Project acceptable in planning terms.
2.1.3 This document sets out the Heads of Terms for the planning obligations that National Highways considers to be appropriate in the context of the proposal (and supporting assessments) being considered for a Development Consent Order.
2.1.4 The draft obligations set out within this document have formed part of discussions with the local authorities prior to the submission of the DCO application. It is expected that these obligations would be secured through bilateral agreement, however, in the event that is not possible, they will be secured via a unilateral undertaking.
2.1.5 These Heads of Terms only outline the substantive obligations which are likely to be required and do not outline the legal or administrative provisions that would be included in the section 106 agreements.
2.1.6 The Heads of Terms submitted are draft and are provided on the understanding that they will be subject to further discussions with the local authorities following the submission of the DCO application.
Planning Inspectorate Scheme Ref: TR010032 Application Document Ref: TR010032/APP/7.3 DATE: October 2022
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