Planning obligations help mitigate the effects of unacceptable developments to make them planning acceptable. Planning obligations can only be one reason for obtaining a building permit if they meet the necessary tests to make development planning acceptable. They must be: early discussions with the local planning authority will allow the imposition of planning obligations to be negotiated. Negotiations are usually based on proof of feasibility and financial assessments – in which the developer tries to prove that the necessary contribution is prohibitive and would make the project financially unprofitable. The applicant may appeal the obligations he deems unsuitable. Local planning authorities are encouraged to cooperate with relevant (and if applicable, national) local infrastructure providers, infrastructure providers and managers when reviewing planning obligations to avoid delays in the planning obligations agreement. For two-tier councils, this should include county councils that provide services such as education. Borough councils may also be legal advisors as part of the plan application process, as shown in Table 2 of the Planning Guides. When the plans are developed as part of the transitional provisions in Schedule 1 of the revised national planning framework, the policies in the earlier version of the framework published in 2012 continue to apply, as do all previous guidelines that have been replaced since the new framework was released in July 2018. If you want an email notification, if any changes are made to the planning instructions, please subscribe. In designated rural areas, local planning authorities can instead set their own lower thresholds in plans and seek affordable housing from developments above this threshold.
Designated rural areas apply to rural areas described in accordance with Section 157, paragraph 1 of the Housing Act 1985, which includes national parks and areas of outstanding natural beauty. On November 28, 2014, Eric Pickles MP, then Secretary of State for Municipalities and Local Authorities, announced plans to make it clear that Section 106 agreements should not generally be obtained by smaller home operators on land of 10 units or less, including construction, extension and annexes. In very rural areas, sites with 5 or less dwellings should not be faced with the tax. For more information, see section 106 Derogation. The application and appeal process will only assess the viability of the need for affordable housing.