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Optimis wins two technical appeal arguments

Optimis has recently won two technical appeal arguments and one of them is on a significant matter: whether the proposal would make adequate provision towards education in the area arising from the development of two 3-bed dwellings.

The Council of the London Borough of Havering did not consider that the contribution sought should be regarded as a tariff. The Inspector disagreed and was satisfied that the contribution considered necessary by the Council would be used in such a way i.e. for the provision of education facilities in the Borough, rather than site specific infrastructure requirements. This is in line with NPPG advice to which the Inspector attached great weight.

Following the recent Court of Appeal Judgement (SSLG and Local Government V West Berkshire District Council and Reading Borough Council, 2016), the policies in the Written Ministerial Statement (WMS) of 28th November 2014 should once again be considered as national planning policy. The policy as set in the WMS and clarified in the NPPG states that for sites of 10 units or less, tariff style contributions should not be sought.

National policy is such a consideration to which the Inspector gave considerable weight and concluded that the lack of financial contribution towards education infrastructure did not carry weight against the appeal.

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