Not all TEPs comply with these guidelines because they are able to ignore the NPPF when their local plan is up to date and where special local circumstances exist (see case: Secretary of State forities communities and Government/West Berkshire District Council and Reading Borough Council:  EWCA Civ 441). If you are in this position, we can research local planning policies and advise them accordingly. Whatever Affordable Housing Threshold adopted by your LPA, we will strive to help you by sharing our expertise and creating a viability report to support your planning application or appeal. Planning obligations in the form of Section 106 and section 278 agreements should only be used when unacceptable effects cannot be remedied by a planning condition. Discussions on planning obligations should take place as early as possible in the planning process. The plans should set out policy measures for expected development contributions, to allow for a fair and open review of policies during the review. Local communities, landowners, developers, local (and, if applicable, national) infrastructure and affordable housing providers and operators should be involved in the definition of measures for expected development contributions. Pre-application discussions may prevent delays in the completion of planning applications, which are granted subject to the conclusion of planning commitment agreements. Planning obligations, also known as Section 106 (based on this section of the Planning and Planning Act 1990), are private agreements between local authorities and developers and may be subject to a building permit to allow for an acceptable development that would otherwise be unacceptable from a planning point of view. The country itself, not the person or organization developing the country, is bound by an agreement under Section 106, which future owners must take into account.
See practical note: planning obligations – key points and checklist for the development of an agreement under Section 106. 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. They focus on clearing and/or decongestion of the specific effects of development on the site. In some cases, in addition to the Community Infrastructure Tax (CIL), S106 agreements may be required. In addition, as a result of the Ministerial Statement on Start-Up Homes, the guideline states that LPAs should not seek contributions to affordable housing development for affordable housing (but may still target s106, which will mitigate the impact on development).