Section 106 Agreements

When the relevant development plan policies for the planning application are out-of-date, permission is granted unless it can be proven that the adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the NPPF as a whole.

When a local authority cannot demonstrate a five-year housing land supply or fails the Housing Delivery Test, there is a presumption in favour of granting planning permission for development.

Exception to the Presumption:

Adverse Impacts Test:

This presumption in favour of sustainable development can be overridden if it can be shown that the adverse impacts of granting permission would significantly and demonstrably outweigh the benefits. This assessment must be made in the context of the NPPF as a whole.

Contextual Assessment:

The decision-maker must consider all relevant NPPF policies, including those related to environmental protection, infrastructure, design quality, and community well-being. If the cumulative adverse impacts in these areas are severe enough, they can justify refusing the application despite the presumption in favour of development.