The inspector found evidence of an unmet local need for affordable housing that would be partially met by the proposed development if secured as such through a planning obligation. The appellant had submitted an agreement under section 111 of the Local Government Act 1972 stating that should the appeal be allowed the council-owned land would be bound by a section 106 obligation, set out in draft in an annex. The appellant agreed to enter into the section 106 with the council immediately following the completion of purchase, subject to planning permission being forthcoming.
The inspector noted that planning permission, once granted, runs with the land and can be implemented by anyone, but a section 111 does not and would only bind the current owners. As the section 111 mechanism would not completely secure the obligations in the s106, in his opinion there remained a risk of creating a planning permission to build housing on the site without a requirement to provide it as affordable housing and he dismissed the appeal.
Inspector: Andrew Dawe; Written representations