Land at Devons Wharf, Leven Road, Tower Hamlets, London, E14 0LL

Authority: London Borough of Tower Hamlets
Appeal type: other · Section 106 Agreement
Procedure: Written Representations
Development: residential · Major dwellings
Inspector: Warder S

Main issues, as the Inspector framed them

Whether clause 2 of Schedule 1 of the planning obligation continues to serve a useful purpose having regard to the tests set out at s106A(6) of the Act

What decided it

The Needs Assessment did not adequately demonstrate that the funds secured through the second DSC are no longer required, and current development plan policy continues to support developer infrastructure contributions, therefore clause 2 continues to serve a useful purpose.

Plan policies cited: Policy D.SG5 (Developer Contributions), Policy S.CF1 (Supporting Community Facilities), Policy D.CF3 (New and Enhanced Community Facilities)

Judgments cited: R (Mansfield District Council) v Secretary of State for Housing, Communities and Local Government [2018] EWHC 1794 (Admin)

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