Community Infrastructure Levy and Planning Obligations
The question
To ask the Secretary of State for Housing, Communities and Local Government, what assessment his Department has made of the cost to local authorities of developers successfully contesting (a) section 106 agreements and (b) a Community Infrastructure Levy.
Answered by Matthew Pennycook
The Planning Inspectorate publish quarterly data on planning appeals, including data on appeals received, decided, and allowed. This can be found on gov.uk here at table 2.8.
The government has not undertaken a centralised assessment of costs to local planning authorities.
It is right and fair that developers are able to access appropriate appeals processes. A person who considers a Community Infrastructure Levy charge to have been incorrectly calculated can seek a formal review of the calculation by the levy charging authority and may also seek an independent assessment of the calculation through an appeal to the Valuation Office Agency if deemed necessary following review by the authority.
Applicants do not have to agree to a proposed planning obligation (section 106 agreement). However, this may lead to a refusal of planning permission or non-determination of the application. An appeal may be made against the non-determination or refusal of planning permission. In certain circumstances, an appeal may also be made to the Planning Inspectorate against a refusal to change a planning obligation.
The government is committed to strengthening the system of developer contributions to ensure new developments provide necessary affordable homes and infrastructure. Further details will be set out in due course.
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