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Planning appeals and regulation 122

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Planning appeals and regulation 122 Posted by

Hi. Please could local authority colleagues advise by post or e-mail (james.fisher@scambs.gov.uk) how they are performing in terms of defending 'tariff style' planning obligations for single dwelling developments in an appeal scenario, prior to the introduction of a charging schedule? Thanks, James

James Fisher
S106 Officer
29 Nov 2012 10:32

2 replies for this posting

Re: Planning appeals and regulation 122 Posted by

Hi James
We were getting mixed results on appeal, so reviewed the information we were providing and now complete a standard template which has the following headings:
= Typology
= Why is the obligation necessary?
= Is the obligation directly related to the development?
= Is it fairly and reasonably related in scale & kind?
I've attached an example. It relates back to our adopted SPD which works on a local area basis (and therefore has different rates for different areas).
We have been supported on our approach to S106 by PINS at every appeal decision since.

Download Appeal template.pdf (size 205Kb)

Jo Witherden
Head of Spatial Planning and Implementation
West Dorset District Council
30 Nov 2012 12:52

Re: Planning appeals and regulation 122
Posted by

Looks good Jo, very good.

Do any of you use S106 to control occupancy, tenure and price?

Evan Owen
01 Dec 2012 10:38

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