Decision details

To submit a response on behalf of Dorset Council to the Government’s consultation on standard planning agreements for medium-sized sites. Paragraph 44 of the Officer Scheme of Delegation in the Council’s Constitution provides delegated authority “to determine whether and how to respond on behalf of the Council to any local, county, sub-regional, regional or national consultation on matters affecting the Council subject to prior consultation with an Executive Member”. This delegated authority has been passed to the Service Manager for Spatial Planning via the Local Scheme of Nomination for Planning Services – Executive Lead for Place (dated 30 May 2025). 

The Government is consulting on draft standard legal agreement templates for medium-sized sites comprising of housing development where 10 to 49 homes (inclusive) will be provided, and the site has an area of up to 2.5 hectares. The National Planning Policy Framework sets out that, where national model planning obligations are relevant to a development, they should be used unless there are strong reasons for using a different planning obligation. The draft national templates for medium-sized sites are the first set of draft national model obligations to be published by the Government. 

Officers from the development management, infrastructure and delivery, housing and legal teams have reviewed the draft template agreements and have prepared a response to the consultation questions. The consultation includes 78 questions, which are generally technical, detailed questions. Officers have prepared responses informed by experience and seeking to ensure that the template legal agreements will be effective and enforceable. 

Key aspects of the Council’s response were discussed with Cllr Shane Bartlett, Cabinet Member for Planning and Planning Enforcement, on 20 October. The response was updated to reflect this discussion. 

The consultation includes draft affordable housing schedules. In relation to these, the Council’s response sets out that the Council strongly disagrees that changes to affordable housing provision and tenure mix should be capable of being agreed in writing with the LPA without requiring a deed of variation to a legal agreement. It is important that any proposed changes to affordable housing and tenure mix are subject to robust assessment, to ensure the maximum viable level and optimum mix are provided. Thie requires oversight and accountability which is provided by the current planning application process for a ‘Deed of Variation’. 

The Council’s response strongly supports the inclusion of provisions to regulate service charges for affordable housing.  

The consultation includes a proposed discretionary “cascade mechanism” which is intended to provide a structured process to maximise the delivery of affordable housing on site before allowing a financial contribution in lieu to be made instead. The consultation material sets out that the cascade mechanism is intended to be used at the discretion of the Local Planning Authority, appropriate to local circumstances. The Council’s response strongly disagrees with the inclusion of a discretionary cascade mechanism, and emphasises that affordable homes should be delivered on site wherever possible, rather than via financial contributions.

No alternative options considered. It is considered appropriate to respond to the consultation to seek to inform the proposed template legal agreements. 

No conflicts of interest declared.