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Planning Advisory Service (PAS)
Ouvert | En cours - juillet 2012 | Dernière modification - May

s106 - the 3 tests & deliverability

Former Member, modifié il y a 11 années.

s106 - the 3 tests & deliverability

On dealing with a large residential scheme, a financial contribution has bee requested for indoor sport provision. We have evidence base (as part of our emerging plan) which indicates an existing need. The development will generate additional burden on stretched facilities so arguably a contribution is necessary to make the development acceptable in planning terms; it's related to the development as it will generate the demand; and the Sports Facility Calculator used ensures it is fairly and reasonably related in scale and kind. No problems then.....however, the LPA has not published (and still some way off from publishing) their strategy which will determine whether or not the Council wishes to have such facilties - despite need (budgets being tightened etc). No site has been identified and no timescales are known. Question - Whilst it could be argued that a contribution meets the 3 tests, deliverability is questionnable. Would this lack of certainty over deliverability make such a request unlawful. I'm conscious that it currently appears as an authority wide tariff scheme with insufficient proposals for mitigation and mechanisms for implementation.
Former Member, modifié il y a 11 années.

Re: s106 - the 3 tests & deliverability

You have underlined the existence of a genuine need at the relevant time for determining the application. In my view it is acceptable in principle to cater for this whilst meeting the relevant Reg 122 tests, even though the Council may decide later that taking on the facilities is not desirable, for financial reasons. It really comes down to the way you present this issue in the committee report to ensure legal compliance, and how you build the required flexibility into the s106 drafting which is acceptable to both sides (i.e. leaving open the possibility that the Council may eventually decide not to require performance of the obligation).