Role of developers and applicants
3.1 Wherever possible to do so, and in particular where the applicant has engaged in pre-application discussions with the Council, it is preferable that detailed Heads of Terms or fully drafted agreements are submitted with planning applications where policy triggers are met in accordance with adopted development plan policy or where pre-application advice has indicated that obligations will be required from external providers (including the County Council). Failure to provide either of these at the submission stage may result in the planning application being made invalid and possibly returned to the applicant. This is in accordance with the Council’s published Local Validation Requirements.
3.2 Once a valid application has been received, in all instances, the Development Management case officer will be responsible for leading on and coordinating all negotiations pertaining to planning obligations. At this point, applicants and agents should not directly contact individual service providers but rather allow the case officer to collate, consider and coordinate any requests for obligations to ensure an effective and consistent approach. This is consistent with the ways of working of the Development Management Team and internal and external stakeholders are aware of this requirement.
3.3 In the event that the development is considered unviable by the applicant because of the level of contributions being requested then the Council will always seek detailed evidence from the applicant in accordance with the national Planning Practice Guidance (the “PPG”). Again, this should be provided at the submission stage because the applicant would have understood all policy requirements as part of effective pre‐ application discussions. In the event that no such evidence is provided and the application is not subject to a Planning Performance Agreement (PPA), the applicant will be given one opportunity to withdraw the application within a prescribed time period after which the Council will refuse planning permission.
3.4 In circumstances where viability evidence is put forward, the applicant must provide a full financial appraisal of the scheme (which accords with the requirements set out in the Planning Practice Guidance) and allow the appraisal to be verified, at their expense, by an independent agent chosen by the Council. In these instances, such a process should wherever possible be enshrined within an agreed PPA.