Appendix 2 Planning Appeal & Public Inquiry decisions Appeal Appeal case Address Application Decision Remarks date no 07/06/05 St Anne’s AH viability: Purchase price EUV rejected as being inappropriate Lead case on requirement for Wharf, Norwich Mixed use reflecting s106 & in this case. Purchase price should land value to reflect known dev. 437 AH obligations reflect known obligations. policy obligations. dwlgs 13/12/05 10-20 Dock St, AH viability: Suitability of 3 Toolkit considered suitable as an This decision is unlikely now to London E1 Mixed use Dragons Toolkit appraisal toolkit without cross be upheld in view of the dev. 95 dwlgs. checking other toolkits. number of criticisms of the toolkit. 26/10/06 Hayward AH viability: Applicant did Accepted developer approach- High EUV affected decision, depot, Dorking Appropriate viability based on more substantiated. but no comment on whether Rd, Chilworth value at purchase price, sale value disregarded purchase including EUV. planning requirements. LA evidence Contrasts St Annes Wharf weak- no comps. Norwich decision. 12/12/07 Southmead Rd Sheltered Methodology for Assessed based on perceived LA argument that land value & Gloucester housing. assessing market evidence of land values. evidence reflected obligation Rd, Filton Commuted commuted sum. for AH provision and so should sum viability. be inflated to allow 100% market housing value was rejected. 23/04/08 Lesney factory, dev with Purchase price. Too much paid for land knowing Important decision: Confirms Homerton Rd, 222 dwlgs. planning obligations. that purchase price can be London E9 disregarded if too high a price paid.
Appendix 2 Planning Appeal & Public Inquiry decisions Appeal date Appeal case no Address Application Decision Remarks 07/06/05 St Anne’s Wharf, Norwich AH viability: Mixed use dev. 437 dwlgs Purchase price reflecting s106 & AH obligations EUV rejected as being inappropriate in this case. Purchase price should reflect known obligations. Lead case on requirement for land value to reflect known policy obligations. 13/12/05 10-20 Dock St, London E1 AH viability: Mixed use dev. 95 dwlgs. Suitability of 3 Dragons Toolkit Toolkit considered suitable as an appraisal toolkit without cross checking other toolkits. This decision is unlikely now to be upheld in view of the number of criticisms of the toolkit. 26/10/06 Hayward depot, Dorking Rd, Chilworth AH viability: Appropriate value at purchase Applicant did viability based on purchase price, including EUV. LA evidence weak- no comps. Accepted developer approach- more substantiated. High EUV affected decision, but no comment on whether sale value disregarded planning requirements. Contrasts St Annes Wharf Norwich decision. 12/12/07 Southmead Rd & Gloucester Rd, Filton Sheltered housing. Commuted sum viability. Methodology for assessing commuted sum. Assessed based on perceived market evidence of land values. LA argument that land value evidence reflected obligation for AH provision and so should be inflated to allow 100% market housing value was rejected. 23/04/08 Lesney factory, Homerton Rd, London E9 dev with 222 dwlgs. Purchase price. Too much paid for land knowing planning obligations. Important decision: Confirms that purchase price can be disregarded if too high a price paid.