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:
Overview of viability in planning
National planning policy and guidance
Viability assessments in practice
Section 106 planning obligations
Build to Rent in London
Transparency, viability and freedom of information
Viability evidence and risk of third party challenges
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
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234