ORGANISING AND NEGOTIATING PLANNING  OBLIGATIONS

What does this service entail?

From time to time a local planning authority will set out that other works need to be carried out to make the development acceptable in planning terms, commonly referred to a Section 106 agreements or S.106’s.

Such a situation will only arise if the local planning authority considers three tests have been passed.  They must be:

  • necessary to make the development acceptable in planning terms;

  • directly related to the development; and

  • fairly and reasonably related in scale and kind to the development.

 

Obligations also referred to as Head of Terms can relate to many things but commonly can involve the developer, or successor in title, paying a contribution towards the provision of infrastructure to support the development or provide for socially necessary facilities set out in a Development Plan.

 

This can include many things, but can include highway works, contributions towards educational or community facilities, etc.

 

Where a Community Infrastructure Levy charging schedule has been adopted by a local planning authority, this will largely take care of the necessary infrastructure, but some items, such as affordable housing, will still be the subject of a planning obligation.

Liaising with your Solicitor, ACHIEVE can be involved at the outset of your project, whether this be identifying heads of terms at a pre-application stage, negotiating appropriate contribution levels proportionate to the development being sought, or even after the permission has been obtained.  An example of the latter can be when viability of the project changes for some reason or some sea change in national policy occurs, allowing one to seek a variation to previous obligations entered into. More commonly, standard obligations, such as the North Solent Special Protection Area for birds and mitigating recreational disturbance, is now a straight-forward undertaking which ACHIEVE can organise on your behalf.

Prime examples of when ACHIEVE has provided this service:

Click on the project titles below for further information.

Further examples include: