On 25th October, the Supreme Court handed down its judgment in this case. It was a single judgment, given by Lord Hodge, with whom the other four Justices all agreed without giving judgments of their own. Whilst the other Justices included Lord Neuberger and Lady Hale, they did not include Lord Carnwath who is the […]
|
|||||
|
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 […] 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 […] 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 […]
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 […] 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 […] 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 […] 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 […] 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 […] |
|||||