Defective planning obligation nullifies benefits of housing redevelopment

Due to defects in a planning obligation submitted in support of a development comprising 16 dwellings in north-west London, an inspector decided that it should be dismissed.

The issues related to the delivery of affordable housing, carbon reduction, water use, air quality, and construction jobs. An inspector agreed with the appellant that the provision of a mechanism which would allow the council the opportunity to review the affordable housing contribution was not appropriate because the scheme would not be built in phases but over a relatively short timescale. He did not agree, however, that a commuted sum was the only means by which two affordable units could be provided since the London Plan sought provision on site wherever possible.

A submitted section 106 obligation was defective in not identifying the appeal site and moreover, it made no provision for reducing carbon use and water within the scheme. Nor did it ensure that it would be air quality neutral. Nonetheless, the need to ensure that a proportion of the construction jobs went to local residents was judged to be unnecessary.

Inspector: Richard Jones; Written representations


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