The CIL regulations are now out and will come into force on 6th April. CIL will take some months to implement of course as there is quite a lengthy process before a charging schedule can be adopted. However the main provisions on the scope of s.106 come into force on 6th April.
These state that a planning obligation under s.106 cannot constitute a reason to grant permission if it is not necessary to make the development acceptable in planning terms, directly related to it and fairly and reasonably related in scale and kind.
I have always said that this regulation hands a major weapon to objectors. This is a relatively simple way to challenge new permissions. A permission with a s.106 which strays beyond the policy tests will have been granted on an unlawful and therefore irrelevant consideration. Judicial review beckons.
The added problem with the new regulation is that it catches permissions granted on or after 6th April even where the resolution is before 6th April. These may not have considered closely whether the s.106 meets the policy tests. As the effect of breach is to make the planning permission highly vulnerable to judicial review it would be good to complete any outstanding s.106 agreements on or before 5th April. As that's Easter Monday, perhaps we could aim for completions on or before Thursday 1st April.
Of course, if you want to defeat someone else's planning permission issued after 5th April, it would be worth having a good look at the s.106.
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