Yorkshire Dales National Park Section 106 Local Occupancy Agreement

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In some cases, the creation of a new dwelling may be eligible for a building permit if it is intended to support the long-term viability of a farm by creating rental housing for people who meet the criteria of the national park authority or short-term holiday housing. Please complete our farm support statement. Limited occupancy obligations under a Section 106 agreement could limit this situation: a structural stability survey conducted by a qualified statistician or other qualified person recognized by the Yorkshire Dales National Park Authority (YDNPA) to determine the extent of the necessary reconstruction; or a signed statement from an experienced local contractor, accompanied by drawings indicating the extent of the expected reconstruction. The lack of affordable housing is a national problem, but the needs are even greater in the Lake District National Park. It is necessary if a proposal would result in a lasting loss of significant jobs. The applicant must demonstrate that the use of the site for reproduced employment activities is probably not profitable in the long run. This could include market information and market tests showing that the site has been exposed to sale or rental at a price as part of its current land use classification (or other uses agreed with the Authority) but has not received realistic offers. The Authority will also be advised by the local Economic Development Agency. In order to accept market tests as effective evidence of a lack of demand, the Authority will seek to advertise the premises for at least six months, at a price reflecting their value or rental value. The price should be agreed in advance with the national park authority and the real estate agent should be advised to register expressions of interest with the Authority.

We use legal provisions known as Section 106s to ensure that homes remain affordable not only for the resident, but also for future residents or forever. You can download below a blank standard agreement to see the exact commitments you might have to make. The following examples serve only as a guide. These legal agreements restrict affordable housing. They are drafted in accordance with the provisions of section 106 of the Town and Country Planning Act 1990. A written statement with an urban plan that shows the number of residential units and the mix of residential types, such as affordable housing, local housing and each market dwelling. For each unit, the number of bedrooms and the base area of the living areas must be indicated. If different levels, types of affordability or mandate are proposed for different units, it should be explained clearly and completely. The Affordable Housing Declaration should also provide details on the mechanism that should be used to ensure sustainable affordability of affordable premises, including, for example, a registered social landlord, such as a housing company or trust. 2) Newly constructed or redeveloped dwellings may attract a local occupancy clause during the planning process and, when the unit is built, a condition of the building permit is that the occupant must meet certain conditions. These clauses have been amended over the years and there are many variations, but they all say that this is the main residence of the resident/main residence and that they have lived in the particular area for a certain period of time (defined in the clause) or that they live and work permanently in the area. The field may vary and, in fact, there are different formulations that expand or reduce the level of qualification.

Any property sold with a local occupancy clause should have the specific text of the brochure so that interested parties can see if they qualify.