“205. When commitments are sought or revised, local planning authorities should take into account changes in market conditions over time and, if necessary, be flexible enough to prevent the planned development from becoming bogged down.” The policy aims to encourage the development of wasteland, including the reuse or renovation of empty and unnecessary buildings. When considering how the blank construction credit should apply to a given development, local planning authorities should take into account the intent of national policies. The NPPG confirms that, although “… A negative condition that limits the development that can take place until a planning obligation or other agreement has been reached is, in most cases, unlikely… “He can nevertheless “… exceptional circumstances… ” in the … a negative condition requiring a planning obligation or other agreement before a given development begins may be appropriate… A technical consultation on draft regulations on developer contribution reform took place from December 2018 to January 2019. In that document, the government confirmed that it had proposed repealing them in all areas and argued that these and other changes would provide greater flexibility in infrastructure funding.
The summary of the responses to this consultation and the government`s opinion on how to proceed were published in June 2019. In this regard, the government reiterated the argument for lifting pooling restrictions and stated that “the lifting of existing restrictions on the pooling of planning obligations to a single piece of infrastructure will remove barriers that might otherwise prevent development.” In order for planning obligations to be met, they must carry out three legal audits, which are defined in Part 11 of the 2010 Community Infrastructure Tax Regulation. A planning obligation can only be one of the reasons for granting a building permit if it is routinely necessary for residential construction, but it is worth asking. If planning processes are to be put in place and approvals are to be taken quickly, blocking restrictions are relaxed, home builders can, under the pressure of time and cost, look for alternative solutions where they can. Local planning authorities are required to keep a copy of each planning obligation, along with details of any changes or executions of the planning obligation, and to make them available to the public in their planning log. With respect to developer contributions, the Community Infrastructure Tax (CIL) did not replace the Section 106 agreements, which strengthened the s 106 tests. S106 agreements on developer contributions should focus on correcting the specific weakening required for a new development.