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  • Plan-it Law is written by planning and development lawyers from top 50 UK law firm, Mills & Reeve LLP. We write about the latest legal and policy developments relating to planning. Please send us an email or post a comment if you want to join in the discussions on Plan-it Law.

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Hello, I have recently been refused planning permission for a 'Three Bed First Time Home' which I plan to live in as my main residents. The Main reason for refusal was that I couldn't afford to agree to paying the Section 106 fee's.

I applied for permission July 14th (before the high court judgment) and the council only informed of the fee's on 18th of August, 2 full days before our statutory final decision date on 21st of August.

The fee was estimated to be over £35,000. I don't have anywhere near this amount of money saved, If i did, I would need it to build the house.

Is there anyway around this payment? I understand I can do a financial viability assessment to prove I can't afford it, however the council did not give us enough time to arrange this, nor did the offer us an extension on the decision.

Hi Charlie
Thank you for getting in touch and I'm sorry to hear of the trouble you're having. I'm afraid that we cannot give legal advice on specific matters through the blog. If you would like advice please do send us an email and we can discuss whether we can assist and what needs to be done to set you up as a client.
Many thanks

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