Planning permission had been given for 2 dwellings, subject to a Section 106 agreement that one of the dwellings was to be affordable. Our client, a local builder, wanted to purchase the site but without the restriction (The Section 106 had not been signed). We advised that an application for 2 open market houses would be appropriate and that a viability assessment should be made showing that even 1 affordable dwelling on this site would be unviable.

Following the resubmission and Viability Assessment the Local Planning Authority agreed and granted permission for 2 unencumbered residential properties, and without restricting occupancy to local people either.