Viability in planning decision-taking—comprehensive guidance
Produced in partnership with Charlotte Gorst and Thomas Evans of Gerald Eve LLP
Viability in planning decision-taking—comprehensive guidance

The following Local Government guidance note Produced in partnership with Charlotte Gorst and Thomas Evans of Gerald Eve LLP provides comprehensive and up to date legal information covering:

  • Viability in planning decision-taking—comprehensive guidance
  • Context
  • Viability in national planning policy and guidance
  • Local planning policy and guidance
  • RICS Guidance on viability
  • Viability assessments in practice
  • Appeals
  • Decision-taking and section 106 agreements
  • London
  • Build to rent
  • more

Contents

  1. Context

  2. Overview of viability in planning

  3. National planning policy and guidance

  4. Viability assessments in practice

  5. Appeals

  6. Section 106 planning obligations

  7. London

  8. Build to Rent in London

  9. Transparency, viability and freedom of information

  10. Viability evidence and risk of third party challenges

  11. Glossary

Context

The English and Welsh planning system is plan-led. Each local planning authority (LPA) must prepare and maintain a development plan outlining the planning policies and land use priorities within their administrative area. Development plans set out opportunities for development and the form and scale of development that will be permitted in certain locations. Development plans also invariably set out policies on the provision of planning obligations to be entered into under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) (known as section 106 agreements, or planning obligations). Planning obligations mitigate the impact of development on local communities and make new development acceptable in planning terms. Development plan policies can impose requirements on developers or landowners to provide in-kind or financial contributions towards local infrastructure (such as roads) or local services (such as schools), and to provide a certain quantum and type of affordable housing as part of a development. See Practice Notes: Determining planning applications—procedure, Determining planning applications—material considerations and Planning policy in England.

The plan-led system requires that applications for planning permission