- Decision
- allowed, 7 September 2026
- Decided by
- Planning Inspector: Elaine Moulton
- Authority
- Westmorland and Furness (North West)
- Appeal reference
- 6007096
- Application reference
- 2025/0643/FPA
- Procedure
- written representations
- Development
- Section 73 variation of the plans condition on outline permission for up to 40 dwellings, used also to reconsider the affordable-housing S106
- Homes
- 40
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- DM5, DM6
- Main issues
- s73 scope; planning obligations
Summary
A s73 application correcting a plan title on an outline permission for 40 homes was allowed. Because a s73 permission is a new permission, the inspector reassessed the S106 and, on agreed viability evidence, granted it free of all affordable housing obligations (DL 12-15).
What made the difference
The Council accepted that the viability assessment showed the development could not support any affordable housing. With no other obligations in play, retaining the S106 was not necessary (DL 14-15).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| DM6 | pass | affordable housing obligations fail the CIL reg 122 necessity test given the accepted viability assessment; new s73 permission granted without the S106 (DL 12-16) | |
| DM5 | pass | Council's independent review accepts the scheme is unviable with any affordable housing (DL 9, 14) |
Key facts
- Non-determination; the Council argued s96A and a separate s106A route should have been used (DL 9)
- Framework content 'not materially changed' for this case; no consultation (DL 3)
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.