Most of you will be familiar with the idea that you can challenge Affordable Housing on Viability Grounds.
What is less well known is that you can challenge all planning obligations by reference to CIL regulation 122.
122.—(1) This regulation applies where a relevant determination is made which results in planning permission being granted for development.
(2) A planning obligation may only constitute a reason for granting planning permission for the development if the obligation is—
(a) necessary to make the development acceptable in planning terms;
(b) directly related to the development; and
(c) fairly and reasonably related in scale and kind to the development.
Local Planning authorities tend rely on a rather benevolent interpretation of these rules, and we have achieved significant reductions in planning obligations from LPAs by applying some rigor to requests for planning obligations.
You may find this information useful in dialogue with your planning officer.
Do contact us if you need some help.
This advice could well save you hundreds of thousands of pounds in future – so remember it well!
