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 […] 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 […] 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 […] 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 […] 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 […] 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: […] |
|||||