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 […]

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:

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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 […]

Reforming the law on planning agreements – what can we learn from Wales?

I have posted and written on a number of occasions about the deficiencies and legal difficulties caused by the current wording of s.106 of the Town and Country Planning Act 1990. So it is particularly encouraging to see that they are being taken up in Wales.

The Welsh Government recently commissioned an independent advisory group […]

Defective section 106 agreements

I was struck by a question posted on a planning Q&A site the other day from a parish council seeking help over unpaid money under a s.106 agreement. The problem seems to be that the payment was due at occupation of the first tranche of affordable housing. It has been occupied but the payment not […]