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

[…]

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 […]

Planning obligations – perpetuating misunderstandings

Earlier this month, DCLG issued a “Plain English Guide to the Planning System”. It is only 20 pages long, including title pages, so it’s bound to be something of a summary. But on planning obligations is continues to misrepresent the position. It says:

“Planning obligations are used to mitigate the impact of proposed developments. They […]

“Faith based planning?”

The Expanding Universe

Ouch. My planning law colleague Stephen Ashworth of Dentons has put up a post today on their UK Planning Law Blog with this title. He reports that the Government’s changes last November to make development easier for small developers by reducing the thresholds for affordable housing and tariff style contributions are being […]

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 […]

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 […]

Why do we need the Planning Inspectorate’s guidance on planning agreements?

PINS has issued a Procedural Guide on Planning Appeals[1]. This is a guide for participants and includes guidance on section 106 agreements in the substantial Annexe N. It is particularly pleasing to see references with approval to The Law Society’s Model Planning Agreement. The guide also accepts the structure of that document which makes most […]

Invalid Planning Agreements – Secretary of State’s decision quashed because the s.106 wasn’t a s.106.

A planning agreement has been found invalid and the planning permission it supported has been quashed in the recent case of Westminster City Council v. Secretary of State (27th March 2013). It is a salutary case.

The SofS granted permission on appeal. There was a deed submitted and claimed to contain planning obligations. They were:

[…]

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 […]