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 […]

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 […]

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 […]

New planning bill

The Growth and Infrastructure Bill was introduced in Parliament yesterday. It is effectively a new planning bill making the changes some of which have been trailed already this autumn). It is relatively short, at 28 sections. I will blog on individual provisions at greater length in due course, but to note now:

1 It allows […]

Economic downturn and planning obligations – does this reveal Government doublethink?

DCLG has come out with two initiatives on planning obligations in the past week or so. It is consulting on allowing early amendment of pre April 2010 section 106 agreements negotiated in happier economic times and is holding a workshop to support its national research on value and impact of planning obligations.

These two initiatives […]

Laying the Foundations: A Housing Strategy for England

The Government launched this strategy today, part of its proposals to stimulate growth, recognising the role played by new housing. I met with some architects last week and as we discussed the Government’s Plan for Growth, they practically fell about laughing when I took them through the policy of giving greater power to local communities […]

Community Infrastructure Levy – first scheme approved

The first Inspector’s decision is out on a CIL charging schedule, the document at the heart of any CIL scheme. Newark & Sherwood will be pleased that their schedule was approved. The report provides valuable guidance on CIL. No doubt we will all be reading it carefully.

Viability issues were obviously important. There were differential […]