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.

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Section 106 and de minimis revisited – where did the Supreme Court go wrong in Aberdeen City v. Elsick Development Company Ltd?

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 […]

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 […]

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 […]

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 […]

Localism Act 2011

The DCLG website reports that the Bill received Royal Assent yesterday. Over 200 sections and 25 schedules covering a wide range of issues. Some parts came in to force yesterday; one section today; some, two months after Royal Assent; and some await regulations and commencement orders.

 

Localism Bill just awaits Royal Assent

So on Monday the Localism Bill was finally approved by the Commons, accepting all the amendments made in the Lords. That includes the abandonment of the requirement to hold referendums on any and everything, though they are still in place for neighbourhood development orders and specific planning provisions.

The amendment sought by the Law Society […]

Planning changes – all the time.

This is a new blog about planning law and planning, at a time of extensive change in the planning system. It aims to comment on planning law and the system. I shall be putting up my thinking and reactions to changes. I will also use it for news about planning. To begin with, I thought […]