A blog about planning, planning law and planning policy

Disclaimer

The information on this blog is not intended to be advice, legal or otherwise. You should not rely on it and I do not accept liability in connection with it. If you do have a planning law question on which you would like advice, seek legal advice from a suitably qualified solicitor. Specific advice should be sought for specific problems.

More relief from CIL

In a pre-election clear out a new category of social housing has been added to those which qualify for relief from Community Infrastructure Levy. The 2015 amendment regulations (keeping up the tradition of amending the original regulations every year) come into force on 1st April. They make a dwelling let by a person other than […]

Ten ways to speed up the negotiation of planning agreements.

The Government consulted on this on 20th February. To follow up my earlier post on it here are my ten suggestions.

1 Amend s.106 to remove the restrictions on what a s.106 agreement can do, and particularly improve it for affordable housing

2 Revoke Reg 123 of the Community Infrastructure Regulations 2010 which restricts pooling

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Consultation on speeding up section 106 agreements

The Government issued this consultation last Friday, 20th February. The period closes on 19th May, so a rapid response is necessary.

The proposals in brief are: 1 Issue new guidance emphasising the need for speed, early engagement and use of standardised clauses. 2 A system for resolving disputes about s.106 agreements.

It is good to […]

Drafting section 106 agreements – more lessons

The Court of Appeal issued its decision in Savage v. Mansfield [2015]EWCA Civ 4 on 15th January. The case is interesting for those involved in section 106 agreements for two reasons, both dealt with in a few admirably pithy paragraphs at the end of the judgment of Lord Justice Lewison.

The first is that […]

Submission to Sir Michael Lyons Housing Review

 

This is the review set up by the Labour party when Ed Miliband announced they proposed to introduce a “Use it or Lose it” provision to counter hoarding of development land. Brock Consulting’s response to the call for evidence has gone in and can be found here.

Strangely, the call for evidence opens with […]

Where are the goalposts for what is “necessary to make the development acceptable in planning terms”?

There is an interesting new decision on what can be taken int account in a planning agreement. Decided on 16th December 2013 but just reported today, R (OAO Hampton Parish Council) v. Herefordshire Council, Hereford RFC and Bloor Homes [2013] EWHC 3947 (Admin) concerns a permission for a new rugby ground and 250 houses, to […]

The Red Tape Challenge tackles planning

Good news I feel with yesterday’s announcement that the Government’s Red Tape challenge is now to look at planning. Planning minister Nick Boles said “Unnecessary technical regulations that are no longer needed will be removed”. That sounds like a clear pledge.

This follows the welcome simplification of design and access statements and the reduction in […]

Christmas comes early for applicants – outline applications made less onerous

At last. The onerous requirements on what has to be included with an outline planning application are being relaxed by an amendment order laid before Parliament yesterday and coming into force on 31st January 2013. It was in 2006 that the definitions of what constituted had to go in with an outline planning application were […]

Judicial review changes

David Cameron today launched an attack on judicial review and excessive procedural requirements. He bemoans excessive EU legislation, saying “Consultations, impact assessments, audits, reviews, stakeholder management, securing professional buy-in, complying with EU procurement rules, assessing sector feedback this is not how we became one of the most powerful, prosperous nations on earth”.

Now I have […]

Affordable housing in the Growth and Infrastructure Bill

I promised to comment further on aspects of the Growth and Infrastructure Bill. The first part I want to look at is the parts on affordable housing. They allow for the variation of affordable housing requirements if the development is “not economically viable”.

The provisions allow for more than one application to be made and […]