S106, Affordable Housing and CIL testsS106, Affordable Housing and CIL testshttps://khub.net/c/message_boards/find_thread?p_l_id=53683759&threadId=3772432342026-07-16T20:18:47Z2026-07-16T20:18:47ZS106, Affordable Housing and CIL testsFormer Memberhttps://khub.net/c/message_boards/find_message?p_l_id=53683759&messageId=3772432332020-10-26T12:14:40Z2020-10-26T11:37:03Z<h1> </h1>
<p>“Whereby a LPA has a LDP policy in place for Affordable Housing
Planning Obligation (AHPO) requirements, can the decision maker, when
deciding whether to grant planning permission where an AHPO is sought,
rely solely on the assumption that all three statutory tests set out
in Regulation S122(2) have been complied with and satisfied, based on
the inferred rationale that the “policy” - to which the Obligation
relates - has been tested and examined as part of the LDP inspection
process? Or, to conclude that the three tests have been complied with
and satisfied, is there still an incumbent statutory requirement for
the decision maker, when deciding whether to grant planning permission
where an AHPO is sought, to ensure, in considering the Obligation,
that all three CIL tests have direct regard to the specific
circumstances of “the development” to which the Obligation is related”?</p>
<p> </p>Former Member2020-10-26T11:37:03Z