Viability, Obligations and Commercial – Page 4
Section 106, CIL, viability assessments, affordable housing thresholds and retail tests.
Viability, Obligations and Commercial articles – page 4
173 articlesPupil 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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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