Viability, Obligations and Commercial articles – page 4

173 articles
Viability, Obligations and Commercial7 min read

Pupil yield and the education contribution calculation

Education contributions come from pupil yield multipliers applied to dwelling mix and a cost per place. The mix, the school capacity evidence and the statutory tests are where to push.

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Viability, Obligations and Commercial7 min read

Section 73 applications and their effect on levy liability

A section 73 grants a new permission, so Community Infrastructure Levy liability is recalculated using current rates and index figures, with credit for the permission it replaces.

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Viability, Obligations and Commercial7 min read

Self-build levy exemption and the three-year clawback

Two forms at two separate moments, one before work starts and one within six months of completion, then a three-year occupation condition with no discretion.

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Viability, Obligations and Commercial7 min read

Discharging a section 106 obligation that no longer serves

A planning obligation binds the land until it is discharged. Section 106A offers two routes out, and only one of them turns on whether the obligation still serves a useful purpose.

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Viability, Obligations and Commercial7 min read

Nutrient neutrality credits and the section 106

In an affected catchment the authority cannot grant permission without secured mitigation. How the budget is calculated, where credits come from and what the agreement has to do.

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Viability, Obligations and Commercial7 min read

Section 278, section 38 and section 106: which secures what

Three agreements with three statutory bases. What each one secures, the bonds and commuted sums behind them, and how to stop the same junction being paid for twice.

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Viability, Obligations and Commercial6 min read

Do section 106 obligations carry over to a section 73 permission

A section 73 grant is a new permission, and an older section 106 agreement often fails to bind it. Read the definitions clause, then budget for the supplemental deed that follows.

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Viability, Obligations and Commercial7 min read

When an inspector reopens viability at appeal

Viability appeals turn on a handful of inputs, and benchmark land value is usually the biggest. Here is how inspectors test the figures and how to narrow the dispute before the hearing.

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Viability, Obligations and Commercial6 min read

Affordable housing review mechanisms in section 106

A review mechanism converts a viability concession into a conditional obligation. Here is how the triggers work, which appraisal inputs are fixed, and what to negotiate.

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Viability, Obligations and Commercial7 min read

Whole plan viability and site specific viability

National policy expects viability to be resolved at plan making. Here is what distinguishes whole plan from site specific assessment, and how to frame the exception.

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Viability, Obligations and Commercial6 min read

First Homes and the section 106 drafting that secures it

A discount that binds the first buyer and vanishes on resale is not a First Home. Here is how the obligation, the Land Registry restriction and the mortgagee protection clause have to work together.

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Viability, Obligations and Commercial7 min read

Drafting overage and clawback in a section 106 agreement

Most review mechanisms never produce a payment, and the reason sits in the defined terms rather than the scheme's performance. A drafting guide to cost and revenue definitions, audit rights, triggers and security.

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Viability, Obligations and Commercial7 min read

Grampian conditions or planning obligations: which to use

Securing off-site works turns on one question: is there a reasonable prospect of the event happening within the life of the permission? The answer decides the mechanism.

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Viability, Obligations and Commercial7 min read

Viability at appeal and confidential appraisals

National guidance expects viability assessments to be published. At appeal that presumption hardens, and evidence the other side cannot test attracts little weight.

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Viability, Obligations and Commercial7 min read

Employment land release: the evidence councils expect

Marketing evidence decides these applications, not design. How long to market, what the enquiry log must show, how viability is tested, and when re-provision changes the policy question.

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Viability, Obligations and Commercial7 min read

Town centre first: what available and suitable mean

Sequential test arguments fail on evidence rather than principle. How to define the area of search, evidence availability with dates and ownership, and quantify why a site is unsuitable.

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Viability, Obligations and Commercial7 min read

Clustering policies for takeaways and betting shops

Takeaway and betting shop clustering policies work by arithmetic: unit counts, frontage percentages and school exclusion zones. Here is how to read yours and how to argue an application through it.

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Viability, Obligations and Commercial7 min read

Meanwhile use and temporary permissions in town centres

Short term occupation of an empty shop usually needs no planning application at all, provided the new activity stays within Class E. Here is where the line falls and what else has to be in place.

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Viability, Obligations and Commercial7 min read

Deferred contributions and indexation in section 106

A planning obligation is only indexed if the agreement says so. Here is how to choose the index, fix the base date to the evidence rather than the signature, and define triggers that work.

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Viability, Obligations and Commercial8 min read

Viability review mechanisms: early, mid and late stage

A review mechanism is the price of a permission granted on a viability case. Here is how each type is triggered, which inputs stay fixed, and why the cap matters more than the surplus share.

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Viability, Obligations and Commercial7 min read

Losing a pub: assets of community value and local policy

Listing a pub delays a sale but does not stop a change of use. The planning decision turns on marketing and viability evidence, which is where objections bite.

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Viability, Obligations and Commercial6 min read

The Infrastructure Levy: what is enacted and what is not

The Levelling-up and Regeneration Act 2023 contains Infrastructure Levy powers that have not been brought into force. Budget on the current regime.

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Viability, Obligations and Commercial7 min read

Overage clauses and review mechanisms in a section 106

Review mechanisms let a council recapture surplus above the appraised position. Nothing in statute creates one, so the definitions in the agreement decide everything.

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Viability, Obligations and Commercial7 min read

The vacant building credit and why councils resist it

National guidance offers a credit for existing vacant floorspace against affordable housing. Whether it applies turns on vacancy, abandonment and how the vacancy arose.

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