Belfast·SPG001 Affordable Housing and Housing Mix·Page 45·5.3.3
Section 76 Agreement - Submission Requirements and Planning Permission
Developers must submit proposed Heads of Terms for the s76 Agreement early in the planning process, ideally during pre-application discussion (PAD). Planning permission will not be issued until the final Agreement is signed, and refusal will result if affordable housing obligations cannot be secured.
As part of the planning process for any proposal to which affordable housing obligations will apply, developers should submit proposed Heads of Terms for the s76 Agreement for discussion with the Council. We strongly recommend this takes place as part of PAD process, with any subsequent planning application then including a draft Agreement, based on the agreed Heads of Terms and the most relevant Model s76 Agreement. Planning permission will not be issued until the final Agreement has been signed by all relevant parties. In the event that required affordable housing obligations cannot be secured by way of a s76 Agreement, the Council will refuse planning permission.
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