Object
Solihull Local Plan (Draft Submission) 2020
Representation ID: 15080
Received: 14/12/2020
Respondent: Kler Group - Gentleshaw Lane
Agent: Cerda Planning Ltd
Legally compliant? Not specified
Sound? No
Duty to co-operate? Not specified
- Support the provisions of Policy P21 and the need for developer contributions and infrastructure provision in principle.
- However, these provisions can only be promoted where the developer contributions and infrastructure provision meets the three CIL tests, specifically;
• Necessary to make the development acceptable in planning terms;
• Directly related to the development; and
• Fairly and reasonably related in scale and kind to the development.
- As drafted, whilst the policy makes passing reference at various points to the provisions of the CIL tests, these are not explicit.
- As a result, the policy is imprecise and it is not clear whether its operation would be discordant and at variation with the CIL provisions.
Policy P21 should be modified to expressly refer to the three CIL tests in regulation 122 of the 2010 Regulations as set out above, and furthermore make clear that developer
contributions and infrastructure provision will only be required where each of the three tests are demonstrably met.
See attached documents