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Planning Advisory Service (PAS)
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S106, Affordable Housing and CIL tests

Andrew Johnson, modified 3 Years ago.

S106, Affordable Housing and CIL tests

New Member Post: 1 Join Date: 06/09/20 Recent Posts

 

“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”?