Section 106 obligation required to mitigate residential scheme

An appeal seeking permission for 50 dwellings and other uses in Leicestershire was dismissed, an inspector ruling that no mechanism existed to ensure that various financial contributions would be delivered.

The site already had the benefit of permission for housing. The appellant stated that a material start had been made ensuring that the consent would remain extant in perpetuity. This was a significant material consideration, the inspector decided, which when coupled with the absence of a five-year supply of housing land effectively outweighed the council’s objection to building in the countryside. Despite a neighbourhood plan not allocating the site for housing, this was not particularly significant, the inspector held, because when the plan had been prepared it already had the benefit of planning permission. There had always been an expectation that it would be developed and the neighbourhood plan did not set an upper limit on the amount of new housing which would be permitted.

Nonetheless, the inspector agreed with the council that financial contributions were required towards policing, libraries, education, public open space, healthcare and transport. The appellant had not submitted a section 106 obligation to ensure that these would be paid and the appeal was dismissed.

Inspector: Richard Schofield; Written representations

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