Planning Advisory Service (PAS) Logo
Planning Advisory Service (PAS)
Grŵp agored | Wedi dechrau - Gorffenaf 2012 | Gweithgaredd diwethaf - Wythnos yma

Can a Council refuse to negotiate S106 contributions because they don't lik

Former Member, Addaswyd 13 Years yn ôl.

Can a Council refuse to negotiate S106 contributions because they don't lik

I have submitted a planning application for a single dwelling which has been refused based on officer recommendation. The reasons for refusal were the catch all 'local distinctiveness' and failure to complete a S106 agreement. I submitted an economic viability assessment which the Council Valuer indicated he has no reason to question but development control have refused to negotiate a lower affordable housing contribution because they will only do so if the 'proposal is satisfactory in all other respects'. My planning consultant has produced a strong appeal case challenging the council's interpretation of 'local distinctiveness' and has advised that it would be preferable to resolve the S106 Agreement outside of the appeal process. It seems to me unreasonable and obstructive for the Council to refuse to discuss the S106 contributions simply because they don't support the proposal on design grounds. The Council's Core Strategy document even states 'the Council will: First, seek to maximise the potential for affordable housing contributions from that development by allowing a higher proportion of intermediate housing to be provided to meet the overall housing target; Second, seek to negotiate a percentage of affordable housing as close as possible to the target level set in this policy, having regard to a site specific economic viability assessment.' The key phrase being 'the Council will' NOT 'if we like everything else the Council will...' Any thoughts gratefully received.
Former Member, Addaswyd 13 Years yn ôl.

Re: Can a Council refuse to negotiate S106 contributions because they don't

Offer a 'commuted sum' to be used elsewhere. S106 cannot be used in the way described, it would be unenforceable in court.
Former Member, Addaswyd 13 Years yn ôl.

Re: Can a Council refuse to negotiate S106 contributions because they don't

It turns out that the reason Development Control have refused to consider my 'verified' economic viability assessment is that they are meeting/exceeding the housing target set in the Core Strategy. This was not included as a reason for refusal so I am still not clear that it is valid for the council to refuse to consider the assessment and negotiate a lower contribution? Why should I have to appeal an application on design grounds AND failure to complete a S106 agreement because Development Control won't consider a reduced level of contribution because they don't need more houses to meet their targets but have failed to give this as a reason for refusal - this still seems obstructive to the planning process - see also my new thread: Can Development Control use being ahead of the Core Strategy Housing Targets as a reason to recommend refusal?