The A to Z of planning
S
Scoping Direction
Section 54A
A crucial section of the Town and Country Planning Act 1990 which enshrined the principle of the development plan-led system. Planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
Section 18 agreement
See section 104 agreement.
Section 38 agreement
An agreement under section 38 of the Highways Act 1980. A developer agrees to construct a road to a specified standard and the highways authority agrees to adopt and maintain it after the expiry of a maintenance period.
Section 52 agreement
See section 106 agreement.
Section 104 agreement
An agreement under section 104 of the Water Industry Act 1991 (previously section 18 of the Public Health Act 1936). The developer agrees to construct sewers to a specified standard and the water company or its agent agrees to adopt and maintain them after the expiry of a maintenance period.
Section 106 agreement
An agreement made under section 106 of the TCPA to secure a planning obligation, previously section 52 of the Town and Country Planning Act 1971 (also see unilateral undertaking).
Section 278 agreement
An agreement, under section 278 of the Highways Act 1980, where a person who derives special benefit from highways works enters into an agreement with the highway authority to fund them. A condition can require the completion of a section 278 agreement.
Sequential test
In order to encourage town centre development, government policy insists that all town centre sites must be explored first. Only if there is no town centre site available can a developer look to edge-of-centre sites and finally out-of-centre sites. Developers must be flexible and must mould proposals to suit sites that are available. The test is used for retail, office and leisure developments. Housing is also proposed to be subject to the test.
SSSI (site of special scientific interest)
Site containing natural features or wildlife that enjoy protection by this designation.
Statement of Community Involvement
A statement defining an LPA's policy for involving interested parties in the development process. The statement will apply to the preparation and revision of LDD's and to the exercise of the authority's functions in relation to development control.
Statement of Development Principles ("SDP")
The Planning and Compulsory Purchase Bill introduces a new procedure for any person wishing to obtain an indication from a local planning authority as to whether a proposed development would be acceptable in principle. The authority will be required to issue a SDP indicating whether or not they agree with the principle of the proposed development. Outline Planning Permission will not (at present) be replaced by SDPs.
Statutory challenge
Certain planning decisions may only be challenged under the Town and Country Planning Act 1990 and not by judicial review. For example, the decision of the First Secretary of State on a planning appeal or matters relating to the adoption of a development plan.
Statutory consultees
When considering a planning application the local planning authority is obliged to consult with various other bodies, for example the highways authority, English Heritage or the Environment Agency. The identity of the statutory consultees varies depending on the nature of the proposed development.
Stop notice
A draconian power permitting a local planning authority to impose an immediate ban on specified activities which are the subject of an enforcement notice which has not yet come into effect. Rarely used as compensation is payable if the notice is not upheld.
Structure plan
Development plan produced by a county council for its area. Must be read with the relevant local plan.
Sui generis
A use which is "of its own kind" and does not fall within a use class.
Sustainable Development
Development that meets the needs of today without compromising the requirements of the future. The Planning and Compulsory Purchase Bill makes it a statutory requirement of decision makers to exercise their functions that achieves sustainable development. There is no statutory definition of what is "sustainable".